Beruflich Dokumente
Kultur Dokumente
EXECUTIVE SUMMARY
In India, women workers employed in an H&M in operator roles, as line tailors and helpers in the Uruguay and Ukraine. Global brands like H&M As outlined in Chapter 3, H&M Corporate Social
supplier factory in Bangalore, India reported production department. wield an immense potential to transform working Responsibility initiatives fall short of decent work
physical abuse associated with pressure to meet conditions through their supply chains. standards, are entirely self-monitored, and fail
production targets. Radhika described being The gendered concentration of women workers as to address risk factors for violence or provide
thrown to the floor and beaten, including on her machine operators, checkers, and helpers in this -------------- avenues for relief in cases of workplace violence.
breasts: H&M supplier factory is a microcosm of gendered
violence
batch supervisor came up behind me as I was make up the vast majority of garment workers. In Organization (ILO) is convening a Standard Setting
working on the sewing machine, yelling “you Bangladesh, Cambodia, Indonesia, and Sri Lanka, Committee tasked with ending violence and
are not meeting your target production.” He women workers represent between 80 and 95% of harassment in the world of work. The proposed
pulled me out of the chair and I fell on the the garment workforce. In India, women account ILO standard is a timely opportunity to reach an According to the Committee of Experts convened
floor. He hit me, including on my breasts. He for at between 60-75% of the garment workforce. expanded definition of gender based violence and by the ILO in October 2016, “violence and
pulled me up and then pushed me to the floor Women rarely, however, hold management and establish a framework within which governments, harassment” in the world of work includes
again. He kicked me. supervisory positions. employers, companies, and unions can take action a continuum of unacceptable behaviors and
to tackle the problem. practices that are likely to result in physical,
Radhika filed a written complaint with the This report—including interviews with more than psychological or sexual harm or suffering. Under
human resources department at the factory. 331 workers employed in 32 factories that supply In October 2016, an ILO Committee of Experts existing international legal standards, gender
She described the meeting between herself, the to H&M—documents the experiences of women released a report framing the upcoming based violence includes :
supervisor, and human resources personnel: garment workers at the base of H&M garment deliberations. The Committee noted that 1. violence which is directed against a woman
supply chains. Concentrated in short term, low- while violence can potentially affect everyone, because she is a woman; and
They called the supervisor to the office and skill, and low-wage positions, they are at daily risk specific groups, including women workers, are 2. violence that affects women
said, “last month you did the same thing to of gender based violence and harassment at work. disproportionately impacted. Accordingly, the disproportionately.
another lady—haven’t you learned?” Then Committee called for specific action to address Forms of gender based violence include acts that
they told him to apologize to me. After that, Systematically documenting risk factors for the gender dimensions of violence and an inflict physical harm, mental harm, sexual harm
they warned me not to mention this further. violence, this report presents new, in-depth international standard that can respond to new or suffering, threats of the any of these acts,
The supervisor and I left the meeting. I went profiles of gendered hiring practices in 6 H&M challenges and risks of violence and harassment coercion, and deprivations of liberty (CEDAW,
back to work. supplier factories in Bangladesh, Cambodia, and that arise from changing forms of work and General recommendation 19, article 1).
India completed between February and May 2018. technology (GB.328/INS/17/5, para. 6 Appendix I,
Radhika reported that the harassment from her It also draws upon Asia Floor Wage Alliance (2016) para. 2, 11, 18). Women garment workers may be targets of
manager did not stop, but that she continued to documentation of rights violations at work in violence on the basis of their gender, or because
work at the factory because she needs the job: H&M garment global supply chains in Cambodia The October 2016 Committee of Experts report they are perceived as less likely or able to
“My husband passed away and I have a physically and India. also presents a detailed set of risk factors for resist. Comprising the majority of workers in
challenged daughter who cannot work. That violence and harassment, including risk factors garment supply chains in Asia, women workers
is why I need the job. I suffer a lot to earn my With 171,000 employees worldwide, H&M associated with the nature and setting of work are also disproportionately impacted by forms
livelihood.” currently operates 4,293 stores in more than as well as the structure of the labour market of workplace violence perpetrated against both
35 countries, and is present in 69 store markets (GB.328/INS/17/5, Appendix III). The Director- women and men. For women garment workers,
Radhika’s experience of workplace violence and 43 online markets. In 2018 the H&M group General of the ILO emphasized the need for better violence, and harassment in the world of work
provides insight into the risk factors that leave plans to open approximately 390 new stores and data on violence and harassment in the world of includes not only violence that takes place in
women workers in H&M garment supply chains approximately 170 store closures are planned, work (GB.328/INS/17/5, para. 4). physical workplaces, but also during commutes
exposed to violence. In the H&M supplier factory resulting in a net addition of approximately and in employer provided housing. Violence
where Radhika worked, women are concentrated 220 stores with new H&M store markets are and harassment may be a one-off occurrence or
6 7
Table 1: Spectrum of gender based violence in H&M garment supply chains repeated (GB.328/INS/17/5, Appendix I, para. lives of women garment workers in Asian garment
7-8). value chains, including in Bangladesh, Cambodia,
Gendered aspects of violence, including: India, Indonesian, and Sri Lanka.
1. Violence against a woman because she is a woman Chapter 4 of this report provides detailed
2. Violence directed against a woman that affects women disproportionately due accounts of this spectrum of violence, including Labour and employment practices in garment
to (a) high concentration of women workers in risky production departments; personal experiences of violence reported by production factories have been described as
and (b) gendered barriers to seeking relief women garment workers in H&M supply chains in operatory labour practices (Table 2), referring to
Bangladesh, Cambodia, India, Indonesia, and Sri the role of workers as basic operators. Operatory
Forms of violence Lanka. Women described experiences of violence labour practices correspond with particular
that inflict sexual harm and suffering; and forms workplace conditions and relationships that
Acts that inflict • Assault, including pushing to the floor, beating and kicking, gendered aspects of violence characteristic of industrial discipline expose women garment workers to risk factors for
physical harm (1), 2(b) practices, including physical violence, verbal violence.
• Slapping, gendered aspects 2(a) and (b) abuse, coercion, threats and retaliation, and
• Pushing, gendered aspects 2(a) and (b) routine deprivations of liberty—including forced Chapter 5 of this report documents risk factors
• Throwing heavy bundles of papers and clothes, gendered aspects 2(a) and (b) overtime. for violence documented in the H&M garment
• Fainting due to calorie deficit, heat, and air circulation, gendered aspect 2(a) supply chain, including use of short term contracts
• Long hours performing repetitive manual tasks lead to chronic health issues,
Table 2: Operatory labour practices, workforce demographics, and working conditions in garment As the only global tripartite institution, the ILO has harassment in the world of work should cover
production a unique role to play in not only advancing decent situations, including “(a) in the workplace,
Authority work in supply chains, but also ensuring that including public and private spaces where they
Management • Hierarchical work relations supply chain governance addresses risk factors for are a place of work; (b) in places where the
• Sweat shop disciplinary practices, including verbal, physical, and sexual gender based violence, and provides accessible worker is paid or takes a rest break or a meal;
harassment and abuse avenues for relief. (c) when commuting to and from work; (d)
during work-related trips or travel, training,
The recommendations that follow seek to inform events or social activities; and (e) through work-
Union presence • Anti-union management practices
emerging understanding of violence in the world related communications enabled by information
Workforce demographics
of work, identify specific risk factors for violence and communication technologies.”
Education • Illiterate, low literacy and literate in garment global production networks, and 1.4. The proposed situations should be
Women • High percentage of women migrant workers ensure a duty among multi-national corporations expanded to include the following situations:
• Concentration in low-skill departments and tasks (MNCs) and their suppliers to obey national laws
• Home-workers hired on piece rate and respect international standards pertaining 1.4.1. employer-provided housing;
to realization of ILO fundamental principles and 1.4.2. recruitment sites, including day-labor
Employment conditions rights at work. recruitment sites;
Wages and • Below or at minimum wage and piece rate payment 1.4.3. home-based work; and
incentives
1.4.4. export processing zones linked
Overtime
Employment
• High levels of forced overtime
• Low employment security
Recommendations to ILO to global supply chains, including those
characterized by exemptions from labour
security laws, taxes, and restrictions on union
Source: Adapted from Nathan, Saripalle and Gurunathan 2016 1. Adopt an expansive definition of “worker” activities and collective bargaining.
and “workplace” to ensure that all workers,
1.5. As presented in the Proposed Conclusions
ILO standards to address and production patterns while deflecting
accountability for how purchasing practices drive
workplaces, and forms of work are included in
standards addressing workplace violence and
of Report V(2), “victims and perpetrators of
violence and harassment in the work of work
violence against men and severe violations of rights at work. harassment.
1.1. As presented in the Proposed Conclusions
can be employers, workers and third parties,
including clients, customers, service providers,
women in the world of work Following ILC deliberations on global supply chains
at the 105th Session (2016), the ILO Committee on
of Report V(2) on ending violence and
harassment in the work of work, the term
users, patients, and the public.”
Decent Work in Global Supply Chains, submitted 1.6. The proposed definition of “victims and
How can standards on violence against men and “worker” should cover persons in the formal
a report with resolution and conclusions for perpetrators” should be expanded to include
women in the world of work address gender and informal economy, including “(i) persons in
adoption by the Conference (ILC105-PR14-1-En). the following roles:
based violence in garment global production any employment or occupation, irrespective of
The Committee noted the significance of the ILO 1.6.1. Multi-national corporations and
networks in Asia? their contractual status; (ii) persons in training,
in ensuring decent work in global supply chains: brands, suppliers, and labor contractors in
including interns and apprentices; (iii) laid-off
and suspended workers; (iv) volunteers; and (v) production, agricultural, food processing,
As detailed in this report, women workers With its mandate, experience and expertise and other relevant contexts.
concentrated in low-wage employment at the jobseekers and job applicants.”
in the world of work, its normative approach
base of H&M garment supply chains are at daily 1.2. The proposed definition of worker should 1.6.2. Private employment agencies as
to development and its tripartite structure,
risk of violence. The structure of production in explicitly include all migrant workers, regardless defined under Article 1 of the ILO Private
the ILO is uniquely positioned to address
global production networks (GPNs), involving of their legal status in the place of employment. Employment Agencies Convention,
governance gaps in global supply chains so
several companies across multiple countries, 1997 (No. 181), including any enterprise
that they can fulfill their potential as ladders 1.3. As presented in the Proposed Conclusions
allows brands and retailers to dictate sourcing or person, independent of the public
for development (para. 7). of Report V(2), standards on violence and
authorities, which provides one or more
10 11
of the following labour market services: 2.3.3. Prohibit unrealistic production of discrimination, including low economic 4. Ensure a duty among MNCs and their
(a) services for matching offers of and demands and piece-rate targets that resources, migrant status, race, ethnicity, caste, suppliers to obey national laws and respect
applications for employment; (b) services accelerate production rates, extend tribe, religion, and disability. international standards pertaining to realization
for employing workers with a view to working hours, create high-stress working of ILO fundamental principles and rights at work.
making them available to a third party (“user environments, and foster abuse. 4.1. Noting the limits to jurisdiction under
3. Draw upon and strengthen definitions
enterprise”); (c) other services relating 2.3.4. Address concentration of women and national legal regimes, the ILO should move
and prohibitions addressing violence against
to job seeking, such as the provision of migrant workers in low-wage, contingent towards a binding legal convention regulating
women by the Committee on the Elimination
information, that do not aim to match work, especially in the lower tiers of the global supply chains.
of Discrimination against Women (CEDAW)
specific employment offers and applications. supply chain. by applying these standards to gender based 4.1.1. Standards under this convention
2.3.5. Increase numbers of women in violence in the world of work. must be at least as effective and
2. Address risk factors for violence, including risk supervisory and managerial positions 3.1. The International Labour Conference comprehensive as the UN Guiding Principle
factors associated with the nature and setting of 2.3.6. Call for and implement living wage should adopt standards on violence and on Business and Human Rights and existing
work and the structure of the labour market. standards. harassment in the world of work. These OECD mechanisms, including the 2011 OECD
2.1. Address risk factors for violence rooted in standards should take the form of a Convention Guidelines for Multinational Enterprises.
2.3.7. Protect the rights of home-based
the structure of the labour market. Consistent workers. supplemented by a Recommendation. 4.1.2. The Convention should include the
with the Report of the Committee of Experts 3.2. Consistent with General Recommendation following components, among others:
2.3.8. Require multi-national corporations,
convened by the ILO in October 2016, recognize No. 19 on violence against women, adopted 4.1.2.1. Impose liability, sustainable
employers, contractors, and states to
gender based violence as a social rather than by the Committee on the Elimination of contracting, capitalization and/or other
maintain effective remedies and safe, fair
an individual problem, requiring comprehensive Discrimination against Women (CEDAW), requirements on lead firms.
and effective dispute resolution mechanisms
responses that extend beyond specific events, ILO standards should include and address (1)
in cases of violence and harassment, 4.1.2.2. Establish regional and supply
individual perpetrators, and victims/survivors “violence which is directed against a woman
including: chain specific inspection mechanisms
(No. 35, para. 9). because she is a woman”; and (2) violence that
2.3.8.1. complaint and investigation with monitoring and enforcement
2.2. Identify (1) garment and other global “affects women disproportionately” (article powers, including individual complaint
mechanisms at the workplace level;
production networks and (2) migration corridors 1). For instance, as documented in this study, mechanisms and field investigation
as sectors and sites in which workers, including 2.3.8.2. dispute resolution women workers at the base of garment global authority.
women and migrant workers, are more exposed mechanisms external to the workplace; production networks are disproportionately
4.1.2.3. Require transparent and
to violence and harassment. Take corresponding 2.3.8.3. access to courts or tribunals; impacted by gendered patterns of employment
traceable product and production
measures to ensure these workers are that concentrate women in low-wage,
2.3.8.4. protection against information.
effectively protected. contingent employment.
victimization of complainants, 4.1.2.4. Address the special
2.3. Acknowledge particular risk factors for witnesses and whistle-blowers; and 3.3. Consistent with General Recommendation
vulnerability of women and migrant
violence in global production networks and take No. 19, the definition of violence should include
2.3.8.5. legal, social, and workers on GVCs.
the followings measures to control these risks: acts that inflict physical harm, mental harm,
administrative support measures for
sexual harm or suffering, threats of any of 4.1.2.5. Limit the use of temporary,
2.3.1. Address cultures of impunity for complainants.
these acts, coercion, and deprivations of liberty outsourced, self-employed, or
violence in the workplace by prohibiting
2.3.9. Provide workers with information (article 6). other forms of contract labor that
workplace retaliation and safeguarding
and training on the identified hazards sidestep employer liability for worker
fundamental rights to freedom of
and risks of violence and harassment and protection.
association and collective bargaining.
the associated prevention and protection
2.3.2. Extend labour protections to measures.
workers employed in situations that are not
2.4. Recognize and address discrimination
protected by labour law and other social
against women that intersects with other axes
protection frameworks.
12 13
5. Pursue a Recommendation on human rights 6.1.1. Since women represent the greatest 6.2. Research adverse impacts of purchasing
due diligence that takes into account and builds majority of garment workers, the situation practices upon:
upon existing due diligence provisions that of women should be urgently included 6.2.1. Core labour standards for all
are evolving under the United Nations Guiding in monitoring programmes to assess the categories of workers across value chains.
Principles on Business and Human Rights and spectrum of their clinical, social, and
6.2.2. Wages and benefits for all categories
the 2011 OECD Guidelines for Multinational personal risks.
of value chain workers. This research should
Enterprises. 6.1.2. Research should include physical aim to satisfy basic needs of workers and
5.1. Take the following complementary harm, mental harm, sexual harm or their families.
measures to protect workers employed in global suffering, threats of any of these acts,
6.2.3. Access to fundamental rights to food,
value chains: coercion, and deprivations of liberty.
housing, and education for all categories of
5.1.1. Recognize the right to living wage 6.1.3. Research should document (1) value chain workers and their families.
as a human right and establish living wage violence which is directed against a woman
6.3. Research the range of global actors
criteria and mechanisms. because she is a woman; and (2) violence
that may have leverage over GVCs including
5.1.2. Promote sector-based and that affects women disproportionately due
investors, hedge funds, pension funds and GVC
transnational collective bargaining and urge to gendered patterns of employment that
networks that define industry standards such as
countries to remove national legal barriers concentrate women in low-wage, contingent
Free on Board (FOB) prices.
to these forms of collective action. employment.
6.3.1. This line of research should include
5.1.3. Expand work towards the elimination 6.1.4. Research should consider not only
investigation of the mechanisms deployed
of forced labour, including promoting the workplace, but also related situations
by authoritative actors within GVCs that Copyright 2018 Natalie Leifer for
ratification and implementation of the including training, recruitment and
contribute to violations of fundamental Asia Floor Wage
Forced Labour Convention, 1930 (No. 29), placement, commutes to and from work,
principles and rights at work, including
Protocol to the Forced Labour Convention and housing contexts where employers
but not limited to attacks on freedom of 7.1. The intersection of migrant rights and ILO
1930 and accompanying Recommendation, exhibit significant control over the daily lives
association, collective bargaining, forced initiatives to address violence against men and
2014. of workers.
overtime, wage theft and forced labour. women in the world of work and Decent Work in
5.1.4. Continue programs to ensure social 6.1.5. Require an urgent, epidemiological Global Supply Chains.
6.4. Research into the types of technical advice
protection, fair wages, and health and safety study into deaths and disabilities resulting
needed by OECD government participants taking 7.2. Protection of migrant rights as conferred
at every level of GVCs. from conditions of work and life of garment
a multi-stakeholder approach to address risks of under the UN International Convention on the
workers. This information should be made
adverse impacts associated with products. Protection of the Rights of all Migrant Workers
available publicly and to international
6. Consistent with the Roadmap of the ILO and Members of their Families.
agencies.
programme of action 2017-21 arising out of the 7. Organize a Tripartite Conference on the
6.1.6. Research design and planning should
work of the 105th Session (2016) of the ILO on adverse impact of contracting and purchasing
be sensitive to the barriers women face in
decent work in global supply chains, knowledge practices upon migrant workers’ rights. This
discussing and reporting violence, including
generation and dissemination of research to conference should focus on:
workplace retaliation, social stigma,
inform ILO global supply chain programming and trauma associated with recounting
should include gender based violence and risk situations of violence. Due to these factors,
factors for gender based violence. quantitative approaches to documenting
6.1. Research the spectrum of gender based gender based violence risk underreporting
violence impacting women workers in garment and may not produce insight into the range
and other supply chains: of violence women face, associated risk
factors, and barriers to reporting.
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CONTENTS
EXECUTIVE SUMMARY ...................................................................................................... INDONESIA ...................................................................................................
SPECTRUM OF GENDER BASED VIOLENCE ................................................................................... H&M in Indonesia ..........................................................................................
RISK FACTORS FOR GENDER BASED VIOLENCE .............................................................................. SRI LANKA.....................................................................................................
ILO STANDARDS TO ADDRESS VIOLENCE AGAINST MEN AND WOMEN IN THE WORLD OF WORK .............. H&M in Sri Lanka ............................................................................................
RECOMMENDATIONS TO THE ILO ...................................................................................... CHAPTER 3: H&M CORPORATE SOCIAL RESPONSIBILITY ....................................................
MANAGING RISK IN THE H&M SUPPLY CHAIN ......................................................................
FIGURES AND TABLES ........................................................................................................ STANDARDS FOR SUPPLIERS ...............................................................................................
ABBREVIATIONS AND ACRONYMS .................................................................................... CHAPTER 4: SPECTRUM OF GENDER BASED VIOLENCE IN H&M GARMENT SUPPLY CHAINS
VIOLENCE AGAINST A WOMAN BECAUSE SHE IS A WOMAN ................................................
METHODOLOGY ................................................................................................................ VIOLENCE THAT DISPROPORTIONATELY IMPACTS WOMEN ..................................................
RESEARCH QUESTIONS .......................................................................................................... ACTS THAT INFLICT SEXUAL HARM OR SUFFERING ...............................................................
RESEARCH PHASE I: PRELIMINARY ANALYSIS OF GENDER BASED VIOLENCE AND RISK FACTORS ............... INDUSTRIAL DISCIPLINE PRACTICES .....................................................................................
RESEARCH PHASE II: CASE AND CONTEXT STUDIES OF GENDER BASED VIOLENCE ................................. Physical violence ..........................................................................................................
RESEARCH PHASE III: H&M FACTORY PROFILES AND RISK FACTOR SURVEY DATA ................................... Physical toll of garment work ........................................................................................
RESEARCH CHALLENGES .......................................................................................................... Verbal Abuse ...............................................................................................................
Coercion, threats, and retaliation ..................................................................................
CHAPTER 1: GENDER BASED VIOLENCE IN THE WORLD OF WORK ..................................... Deprivations of liberty ..................................................................................................
EMERGING ILO STANDARDS ON VIOLENCE AND HARASSMENT IN THE WORLD OF WORK .......................
VIOLENCE IN THE WORLD OF WORK, RELATED TRENDS AND FORMS ................................................. CHAPTER 5: RISK FACTORS FOR VIOLENCE IN THE H&M SUPPLY CHAIN
GENDER BASED VIOLENCE ....................................................................................................... WORKING CONDITIONS .....................................................................................................
1. Short term contracts ...............................................................................................
CHAPTER 2: GARMENT GLOBAL PRODUCTION .................................................................. 2. Production targets ..................................................................................................
GLOBAL PRODUCTION NETWORKS ............................................................................................ 3. Failure to pay a living wage .....................................................................................
GARMENT GLOBAL PRODUCTION NETWORKS .............................................................................. 4. Excessive hours of work and inadequate rest ...........................................................
STRUCTURE OF GARMENT VALUE CHAINS ............................................................................. 5. Unsafe workplaces ..................................................................................................
BRAND PURCHASING PRACTICES AND ACCELERATED WORK ...................................................... BARRIERS TO ACCOUNTABILITY ...........................................................................................
RELIANCE ON CONTRACT LABOUR ................................................................................. 1. Unauthorized subcontracting ..................................................................................
SUBCONTRACTING .......................................................................................................... 2. Denial of freedom of association and collective bargaining .......................................
GENDER BASED VIOLENCE IN THE GARMENT INDUSTRY ................................................................. 3. Lack of independent monitoring ..............................................................................
ASIAN GARMENT VALUE CHAINS ...............................................................................................
BANGLADESH ............................................................................................... RECOMMENDATIONS TO THE ILO .................................................................................
H&M in Bangladesh ........................................................................................
CAMBODIA ................................................................................................... ACKNOWLEDGEMENTS .....................................................................................................
H&M in Cambidia ...........................................................................................
INDIA........................................................................................................... BIBLIOGRAPHY ................................................................................................................
H&M in India ...............................................................................................................
16 17
METHODOLOGY
This report is based upon 3 years of Asia
Floor Wage Alliance documentation of Research questions:
decent work violations and gender based
This research seeks to answer three interrelated
violence in H&M garment supply chains. questions:
It includes the results of interviews and
focus group discussions with 331 workers • What are the gendered forms of violence
employed in 32 H&M supplier factories and harassment women garment workers
across Bangladesh, Cambodia, India, experience in H&M garment supply chains in
Indonesia, and Sri Lanka. Bangladesh, Cambodia, India, Indonesia, and
Sri Lanka?
Our most recent investigation of gender based • How does gender interact with risk factors
violence in H&M garment supplier factories was for violence and harassment articulated by
conducted between January 2018 and May 2018 the ILO Experts Committee to expose women
in Dhaka, Bangladesh; Phnom Penh, Cambodia; garment workers to this spectrum of gender
West Java and North Jakarta, Indonesia; based violence?
Bangalore, Gurgaon, and Tiruppur, India; and in • How have trade unions and workers’
Vavuniya District, Northern Province, Sri Lanka. collectives taken effective action to address
gender based violence in global production
Field investigation of gender based violence in networks in Asia?
H&M factories in Bangladesh, Cambodia, India,
Indonesia, and Sri Lanka was conducted by
Development Synergy Institute in Bangladesh; Research phase I:
CATU and CENTRAL in Cambodia; Society for Preliminary analysis of gender based
Labour and Development in India; Sedane Labour violence and risk factors
Resource Centre/Lembaga Informasi Perburuhan
in Indonesia; and Asia Floor Wage Alliance in In research phase one, researchers conducted Cambodian garment workers in a ‘know your rights’ training with the Cambodian Alliance of Trade Unions
Sri Lanka. Field research was coordinated by focus group discussions with women workers (CATU). The workers pictured are not from factories interviewed for this report.
the research team at the Society for Labour and employed in H&M garment supply chains and Copyright 2018 Patrick Lee for Asia Floor Wage Alliance
Development (SLD), the current Secretariat for trade union leaders engaged in organizing workers
Asia Floor Wage Alliance (AFWA). in H&M supply chains. The goals of this research General recommendation 19 adopted by the Sri Lanka. This sample includes workers from 16
phase were both to understand gender based Committee on the Elimination of Discrimination different H&M supplier factories.
This report also revisits Asia Floor Wage Alliance violence and associated risk factors; and to against Women (CEDAW). Researchers used risk
(2016) documentation of rights violations at work address gender based violence by training women factors identified in the October 2016 Conclusions The vast majority of women workers who engaged
in H&M garment global supply chains in Cambodia workers to identify and respond to workplace by the Meeting of Experts on ‘Violence against in focus group discussions worked as sewing
and India, compiled through survey-based and violence. Women and Men in the World of Work’ as a machine operators. Women workers interviewed
case study research conducted between August benchmark for understanding risk factors for for this study had been employed in the garment
and October 2015 in Guragaon, India; and Bogor, Focus group discussions sought to identify forms violence in H&M garment supply chains. industry for up to 20 years. Respondents also
Indonesia. of gender based violence in the workplace and included male and female supervisors, helpers,
risk factors for violence. In identifying forms of Phase one focus group discussions included 80 and checkers; women workers employed as
gender based violence, researchers used the women workers engaged in H&M supply chains helpers in the finishing department; and male
definition of gender based violence set out in in Bangladesh, Cambodia, India, Indonesia, and workers employed in quality control and as store
keepers.
20 21
where women face routine physical violence These factory profiles are contextualized by
contrast, some of the women participants were
including slapping and throwing large bundles survey-based and case study research on
members of trade unions or workers collectives
of clothes and smaller sharp projectiles, such violations of international labour standards in
and others were not. In Cambodia, the Cambodian Alliance H&M garment production factories conducted
as scissors; and verbal abuse. Researchers also
between August and October 2015 in Delhi, India
All focus group discussions were conducted in of Trade Unions (CATU) regularly runs documented barriers to reporting workplace and Phnom Penh, Cambodia. This sample includes
person with full consent from workers. In order to violence, including high levels of job insecurity structured interviews with 251 workers employed
protect the identity of workers who participated ‘know your rights’ trainings for workers and threats of firing among temporary workers. in 16 factories across in Cambodia and India that
in this study, all individual names have been
changed. in garment and footwear factories. Finally, by completing detailed “day in the life” supplied garments to H&M at the time.
accounts, researchers documented deprivations
participants in CENTRAL’s FGDs from of liberty including being forced to work through
Research phase II: H&M suppliers all reported that they did
legally mandated breaks, forced overtime, and Research challenges
Case and context studies of gender based relocation of workers between factories and
violence buildings without prior consent.
not know what forms of violence in the
Stigma and retaliation associated
In research phase two, researchers conducted
case and context studies to develop in depth
workplace were against the law. CATU’s
Research phase III: with reporting gender based
accounts of the forms of gender based violence
in the workplace and risk factors for violence
trainings aim to inform Cambodian
H&M factory profiles and risk factor violence
identified in research phase one. Research garment workers about their rights survey data
Stigma and risk of retaliation associated with
phase two case studies documented incidents
under the Law, covering elements of the gender based violence leads many women
of gender based violence in the H&M garment In research phase III, AFWA partners completed workers to hide their experience of violence.
supply chain experienced and recounted by in-depth factory profiles of 6 H&M factories,
Criminal Code, the Labour Law and the Therefore, it required significant effort from
individual women workers, including case studies including 3 factories from Bangladesh, 2 factories researchers to identify potential respondents. In
of sexual harassment, persistent and ongoing from Cambodia, and 1 factory from India. These
Law on Trade Unions. Through organising order to navigate this challenge, where possible,
verbal harassment, retaliation for reporting factory profiles provide a demographic snapshot researchers worked in teams including both
sexual violence, and barriers to seeking relief, of the H&M garment supply chain workforce
and supporting garment workers and male and female researchers. They also sought
including management and state inaction in that demonstrates the concentration of women partnerships with AFWA network members in
response to complaints. It also includes in
expanding their knowledge of their rights workers in temporary, low-wage production jobs order to facilitate access to engage with women
depth documentation of a 2018 case of violent within the garment supply chain. Factory profiles workers. All interviewees were assured that their
retaliation against women garment workers in
under Cambodian law, CATU is helping also sought to understand working conditions, identity and any identifying case information
Bangalore, India who formed a union to call presence of trade unions, and dispute resolution would remain confidential.
for safe drinking water in the factory, reliable to develop a new generation of union mechanisms.
transportation, and living wages.
leadership in Cambodia.
22 23
Table 3: H&M supplier factories investigated between January and May 2018 As explained by Emelia Yanti. Siahaan, General export processing zone in Jakarta. She took
Secretary of the Indonesia Federation of a close-up photograph of a woman worker
Dhaka, Bangladesh
Independent Trade Unions (GSBI), women workers outside the factory. This was reported to the
• Bangladesh factory 1 (including factory profile), Ashulia, Dhaka, 2,735 workers
face surveillance by factory managements even supervisor and the woman lost her job.
• Bangladesh factory 2 (including factory profile), Ashulia, Dhaka, 4,281 workers outside the factory gates:
• Bangladesh factory 3 (including factory profile), Ashulia, Dhaka, 2,348 workers Respondents who did engage with the research
Women workers are afraid to talk to anyone team were, for the most part, particularly
• Bangladesh factory 4, Ashulia, Dhaka, 1,100 workers
outside the factory about the violence and unwilling to discuss instances of sexual violence.
• Bangladesh factory 5, Ashulia, Dhaka, 2,500 workers rights violations they face. Supervisors have Field researchers were trained not to persist
• Bangladesh factory 6, Ashulia, Dhaka, 1,200 workers been known to pay people living and working with lines of questioning if they recognized any
Phnom Penh, Cambodia in the areas outside the factory to report signs that the conversation might re-traumatize
• Roo Hsing Garment Co., Ltd. (including factory profile), Phnom Penh, 5,050 workers workers if they are seen speaking to people survivors. Accordingly, while our research
from outside the factory. I’ll give you an uncovered cases of sexual violence, these cases
• Yi Da Manufacturer Co. Ltd. (including factory profile), Phnom Penh, 156 workers example. I went with a photographer to the have not been included in our research findings.
Bangalore, Faridabad, Gurugram (Gurgaon), and Tiruppur, India
• India, Factory 1 (including factory profile), Gurugram (Gurgaon), Haryana, India, 574 workers
• India, Factory 2, Faridabad, Haryana, India, 4,500 workers
• India, Factory 3, Bangalore, Karnataka, India, 4,000 workers Copyright Rajan Zaveri for Society for Labour and Development
• India, Factory 4, Bangalore, Karnataka, India, 3,000 workers
• India, Factory 5, Chinnakarai, Tirupur, approximately 1,300 workers
Bogor and North Jarkarta, Indonesia
• Indonesia factory 1, Nusantara Bonded Zone, Cakung, North Jakarta, 7,000 workers
• Indonesia factory 2, Bogor, West Java
Note: In Sri Lanka, a significant percentage of women workers employed in Gap supplier factories are
employed through “manpower”—or temporary work agencies—as needed. Under this arrangement,
the number of workers employed in the factory can differ significantly depending upon the orders that
have been received for the day. Accordingly, even trade union leaders familiar with the Gap supplier
factories under investigation were unable to provide accurate counts of the number of workers in each
department.
24 25
CHAPTER 1:
Gender based violence in the world of work
Emerging ILO standards on As articulated by the Report following the 2016
Experts Meeting, a (an) effective instrument(s) will
The October 2016 report on the outcomes of Finally, the Director-General of the ILO
the Meeting of Experts on ‘Violence against emphasized the need for better data on persistent
Women and Men in the World of Work’ presents violence and harassment in the world of work
a detailed set of risk factors for violence in against workers and others (GB.328/INS/17/5,
the world of work that lends insight into the para. 4). Responding to this call, this research aims
conditions under which violence is more likely to contribute up to date evidence on persistent
to occur. These include risk factors associated gender-based violence and harassment against
with the nature and setting of work as well as the women garment workers in H&M supply chains
structure of the labour market. in Bangladesh, Cambodia, India, Indonesia and Sri
Lanka, many of whom are also migrant workers.
The Committee acknowledged that while violence
can potentially affect everyone, specific groups In addition to the October 2016 Meeting of
are disproportionately impacted (GB.328/ Experts Report, the International Labour Office
INS/17/5, para. 6). The 2016 Committee released Report V(1) setting out the law and
Report highlights that women workers may be practice in different countries, and a questionnaire
particularly at risk (GB.328/INS/17/5, Appendix I, that was transmitted to member States in May
para. 11). Consistent with this acknowledgement, 2017. A total of 85 governments sent their replies
the Conclusions adopted by the Meeting call for to the Office, with 50 of them indicating that the
specific action to address the gender dimensions most representative organizations of employers
Garment workers in a Bangladesh garment of violence (GB.328/INS/17/5, Appendix I, para. and workers had been consulted. The Report V(2)
factory. Workers pictured were not interviewed 2). and proposed Conclusions were prepared on the
for this report.
basis of the replies received from governments
By Mona Mijthab from Wikimedia Commons
and organizations of employers and workers.
26 27
CHAPTER 2:
Garment Global Production
This section aims to situate new empirical findings coordinated by TNCs, with cross-border trade
on gender based violence in H&M factories in of inputs and outputs taking place within their
Bangladesh, Cambodia, India, Indonesia, and networks of affiliates, contractual partners and
Sri Lanka within the broader context of global arm’s-length suppliers. TNC-coordinated GVCs
production networks in general and the garment account for some 80 per cent of global trade.
global production network in particular. This (UNCTAD 2013)
basic overview outlines key shifts in employment
relationships as production processes evolve As described by UNCTAD, GPNs shift market
to include several companies across multiple relationships between firms from trade
countries. It also identifies trends in concentration relationships to quasi-production relationships
of control over production processes across without the risks of ownership. Within this model,
various actors in the garment global production TNCs drive coordinated production of goods while
network. These features of work in the garment disbursing risk associated with market fluctuations
supply chain produce a gendered global across global value chains.
labour force with gendered patterns of labour
networks
Global production networks The Textile, Clothing, Leather and Footwear
Brands like H&M, headquartered in high-income (TCLF) industry is characterized by geographically
countries, outsource production to supplier firms dispersed production and rapid, market-driven
in developing countries. The Global Production changes (ILO 2016). Brands engage in high-
Network (GPN) is a term that describes these value market research, design, sales, marketing,
contemporary production systems, characterized and financial services. They typically outsource
by production processes that involve several garment production to Tier 1 companies. Tier 1
companies across multiple countries. Companies companies may, in turn, subcontract some or all of
linked through GPNs are related through various the garment production process to manufacturing
legal forms, with exchanges between firms companies known as suppliers. This production
structured so that multi-national or transnational structure allows brands and retailers to drive
corporations (TNCs) do not legally own overseas coordinated production of goods by capitalizing
subsidiaries or franchisees but only outsource upon new technology, relaxed regulatory
production to them. The UNCTAD World frameworks, and a supply of low-wage labour in
Investment Report 2013 notes the structure and developing countries (Ghosh 2015). While brands
prevalence of this mode of production: and retailers do not carry out production, they
drive sourcing and production patterns overseas.
Today’s global economy is characterized This production model has been characterized as a
by global value chains (GVCs), in which buyer-driven value chain (Barria 2014).
intermediate goods and services are traded
in fragmented and internationally dispersed
production processes. GVCs are typically
Copyright 2018 Natalie Leifer for Asia Floor Wage
30 31
The structure of garment value chains can be Value created in the garment value chain is
divided into five main segments (Figure 1). substantially captured by brands, while suppliers
Segment 1: • Segment 1: raw material supply, including get only a small share, and workers in supplier
raw material supply, natural and synthetic fibers; firms even less. According to 2016 field work
including natural and synthetic fibers; • Segment 2: component supply, including yarn conducted by the Society for Labour and
and fabrics; Development, Indian supplier firms and the
• Segment 3: production networks, including workers they hire receive a combined 23-34%
domestic and overseas subcontractors; share of retail prices.
• Segment 4: export channels established by
trade intermediaries; Only 2.9%-4.2% of the share of retail
• Segment 5: marketing networks at the retail prices are directed toward worker wages
level. (Ghosh 2015) (Table 4).
Segment 2: segments:
Component supply, including yarn and fabrics Assembly (segment 3) is typically separated
organizationally and geographically from other Brand purchasing practices
value-generating aspects of the value chain.
Product suppliers and their workers (segment 3) and accelerated work
depend upon orders from marketing networks,
firms, and brands (segment 5). Business relationships between brands and
suppliers are governed by purchasing practices
Firms that control design, branding, and marketing that impact the functioning of supplier firms
(segment 5) also control sourcing decisions. and, in turn, working conditions in these firms.
Segment 3: The ascendance of fast fashion and pressure on
production networks, including domestic
Production costs are one significant factor in
determining sourcing preferences. Decisions brands to reduce costs following the 2008 Great
and overseas subcontractors
regarding how value addition activities and profits Recession inform contemporary purchasing
are distributed along the value chain, in turn, have practices.
a significant impact upon employers, workers and
markets in producing countries. Profit generation While prior to the Great Recession, suppliers
by capitalizing upon price differentials between report quoting lump-sum costs for orders, today, it
markets has been referred to as “global labour is common for suppliers to estimate costs per item
arbitrage”(Roach 2004). and then bargain with brands. Suppliers project
Segment 4:
export channels established by
trade intermediaries Table 4: Share of retail prices for Indian workers and suppliers
Garment Type US retail prices Price paid to Indian share of Wages as share Indian wages as
Indian supplier retail price (%) of Indian factory share of US retail
factories prices price
Ladies top 25 8.50 34.0 8.05 % 4.2%
Ladies dress 34 11.00 32.3 4.0 %
Kids top 20 5.50 27.5 3.4 %
Kids dress 25 6.50 26.0 3.2%
Segment 5:
marketing networks at the Ladies skirt 34 8.00 23.5 2.9 %
retail level
32 33
Due to diminished government and brand to recruit and discipline workers, producing Enumerated risk factors from Committee of Experts Conclusions, October 2016, para. 9
accountability—especially among unregistered segmented labour forces within and between
• Working in situations that are not properly covered or protected by labour law and social protection.
suppliers, working conditions among garment countries (Mills 2003).
• Working in resource-constrained settings (inadequately equipped facilities or insufficient staffing).
subcontractors have been found to deteriorate
• Unsocial working hours (for instance, evening and night work)
(Kashyap 2015). Within this structure, employers Patriarchal norms that devalue women’s
Additional risk factors Committee of Experts Conclusions, October 2016, para. 10
and workers engaged in assembly operations, labour reinforce gendered segmentation
• High rates of unemployment.
including primary stitching and embellishment, of the labour force. Gendered patterns
have comparatively little negotiating power • Unrealistic production targets.
of industrial discipline and patriarchal • Poor labour relations
(Ghosh 2015). infantilization of women workers conspire • Discriminatory practices.
to make women especially vulnerable to • Culture of impunity.
physical, verbal, and sexual harassment Additional risk factors Committee of Experts Conclusions, October 2016, para. 12
Due to the structure of garment value and violence. • Imbalanced power relationships, including due to gender, race and ethnicity, social origin, education,
chains, workers bear the brunt of poverty, disability, HIV status, sexual orientation and gender identity, migrant status and age.
global uncertainties within the industry. The 2017 study on Violence and Harassment • Workplaces where the workforce is dominated by one gender or ethnicity might be more hostile to
Industrial uncertainty caused by buyer Against Women and Men in the World of Work: people not conforming to established gender norms or individuals coming from under-represented
purchasing practices is displaced upon Trade Union Perspectives and Action, released groups.
by the International Labour Office, calls for • Intersecting grounds of discrimination, such as gender and race or disability.
workers through the use of flexible
attention to new and emerging risks in the • Culture of impunity.
job contracts, unemployment during workplace, including work pressures, changes
fluctuations in production, and downward in work organization, and long working hours Additional risk factors Committee of Experts Conclusions, October 2016, para. 13
pressure on wages. Obstacles to freedom in manufacturing and other sectors (Pillinger
• Workers who cannot exercise their rights to freedom of association and collective bargaining, due
of association and collective bargaining 2017: xiii-xiv). The experience of Asia Floor Wage
to the inappropriate use of contractual arrangements leading to decent work deficits, including the
further undermine workers’ negotiation Alliance partners working with low-wage, informal
misuse of self-employment, are also likely to be more at risk of violence and harassment.
sector garment workers engaged at the base of
power. Additional risk factors Committee of Experts Conclusions, October 2016, para. 14
global production networks reveals that garment
workers are subjected to many of the risk factors • Concentration of women workers in low-wage jobs, especially in the lower tiers of the supply chains.
Gender based violence in for violence in the world of work named by the
ILO Expert Committee (Table 5).
• Work in the home where workers are isolated and labour inspectors cannot enter non-traditional
workplaces.
Although economic vulnerability and poverty may Rights, however, there are more than 7,000 H&M in Bangladesh
prevent women workers from gaining economic factories producing for the garment export market
independence and leaving situations of domestic (Labowitz 2015). According to the most recent H&M Supplier
violence, presenting yet another link between List, H&M purchases apparel from 308 garment
gender inequality and persistent violence, the The RMG sector is also the largest formal sector supplier factories, located in Chittagong, Dhaka,
impact of wages on violence in the home is industrial employer in Bangladesh, generating 59% Gazipur, Savar, Tongi, and Valuka.
outside the scope of this research. DHAKA of total formal sector employment in the country
86.4%
(Hossain 2010). According to DIFE estimates the As of May 2018, H&M had sourced from four
Chittagong (13.5%). According to government cannot invest in even basic safety precautions.
Bangladesh is the second largest exporter of figures another 144 garments factories operate Unauthorized subcontracting also contributes to
Ready Made Garments (RMGs) in the world— in the export processing zones (BEPZA 2013). artificially depressing prices by failing to account
second only to China. Today, the RMG sector is According to a June 2015 report by the New York for the full cost of production in accordance with
one of the key contributors to the Bangladesh University Stern Center for Business and Human minimum labour standards (Labowitz 2015).
38 39
Cambodia The US, EU, Canada and Japan are the largest
importers of Cambodian garments, textiles and
larger suppliers. Outsourcing of production to
smaller factories may be either authorized or
alone were valued at USD 15.7 billon in 2014 and
combined textile and apparel export earnings
shoes (Kashyap 2015). In the first half of 2017, the unauthorized by apparel brands (Kashyap 2015). were valued at USD 40 billion. In 2013, textiles
Cambodia entered the export-oriented global EU (including the UK) accounted for approximately and clothing contributed 4% to the gross domestic
garment and textile industry in the 1990s with the 45% of Cambodia’s garment and textile exports, product. In 2014, the Indian textile and garment
passage of the 1993 Constitution of the Kingdom with the USA and Japan accounting for 25% and H&M in Cambodia industry employed 45 million workers. Despite the
of Cambodia which established a free market in 9% respectively (World Bank 2017). At the time significant segment of Indian workers employed
Cambodia (CCC 2016a; CCHR 2014). Between of writing, top brands sourcing from Cambodia According to the most recent H&M Supplier List, in the garment industry, national level data
on
1995 and 2006, bilateral trade agreements with include H&M, GAP, Levi Strauss & Co., Adidas and H&M purchases apparel from 51 garment supplier economic and social profile of the garment
the United States, the European Union and Target (CCC 2016a). Other top sourcing brands factories located primarily in Phnom Penh, Kandal workforce remain alarmingly thin (Kane 2015).
Canada spurred growth in the garment industry. include C&A and VF Corporation. Province and Kampong Speu Province.
With the exception of a downturn in 2008 during A majority of workers are migrants who migrate
the global economic crisis, the industry has shown The Cambodian garment industry is largely As of May 2018, H&M has sourced garments to the industrial clusters from Andhra Pradesh,
consistent growth (Kashyap 2015). Between 1995 foreign-owned, with Cambodians owning from at least 7 confirmed Cambodian factories Bihar, Jharkhand, Karnataka, Madhya Pradesh,
and 2014, the sector grew 200-fold (ILO 2015). less than 10% of factories (Kashyap 2015). An this year, located primarily in Phnom Penh and Maharashtra, Tamil Nadu, Uttar Pradesh and
estimated 85% of garment factories located in Kandal Provinces. This figure does not account West Bengal (ICN 2016). For instance, up to 80%
Today, garment and textile exports are critical to Cambodia are foreign controlled, predominantly for factories that receive subcontracts from Tier of garment workers in Bangalore are believed
to
the Cambodian economy. In 2016, Cambodia’s by investors from China, Hong Kong, Malaysia, 1 H&M supplier factories. Accordingly, there be migrant workers (Bain 2016). Despite the
exports totaled $9.1 billion USD, of which over Singapore, South Korea and Taiwan (Kashyap is a broad consensus among labour experts staggering presence of low wage migrant workers
$2.3 billion came from the garment and footwear 2015; CCC 2016). Foreign owned companies have interviewed for this study that H&M most likely in the unorganized sector and their significant
sectors (World Bank, 2017). In 2017, garment kept the production processes within Cambodia produces garments in many more factories than economic contributions, there are large gaps in
exports increased, reaching $3.3 billion in the first limited. The majority of factories undertake “cut- the 7 factories confirmed by CENTRAL researchers. government and civil society services to protect
six months of the year (World Bank, 2017). make-trim” production functions—manufacturing their rights. For instance, India’s Inter-State
clothes from imported textiles based upon designs Based upon analysis of 2018 shipping data, Migrant Workmen Act, 1979, aims to regulate
provided by international buyers. This exclusive more than 291,000 kilograms of goods were working conditions but is inadequate and
Figure 3: Garment production hubs in Cambodia focus on producing garments circumscribes the exported from Cambodian supplier factories to unimplemented, with no gender perspective (Roy
range of employment available to firms and H&M up until May 2018. Export data and field 2015).
workers in Cambodia (Ghosh 2015). research suggests that in 2018, H&M production
in Cambodia has consisted primarily of women Modernization of the Indian textile industry has
Phnom Penh is a hub for garment factories. and infants’ clothing produced from inexpensive been pursued vigorously since the mid-1980s with
However, garment production has expanded fabrics including cottons and synthetic textiles. the elimination of the licensing regime, quotas,
to other areas, including the adjoining Kandal Other items produced by H&M in Cambodia and quantitative restrictions in an attempt to
province. Smaller hubs exist in Kampong Cham, include men’s shorts and boys’ sweaters. attract state-of-the-art machinery and technology,
Kampong Speu, Sihanoukville and Kampong know-how and skill sets from abroad. The massive
India
Kampong Chhnang Chhnang. Factories have also been drawn to the drive towards modernizing the textile industry
Koh Kong Kampong Cham creation of Special Economic Zones in border has gone hand-in-hand with firms resorting to
provinces such as Koh Kong and Svay Rieng. In widespread informalization of the workforce.
these areas, factories vary in size and operations, Since the adoption of liberalized economic policies Within the textile industry, this trend has been
Phnom Penh
Krong Svay Rieng ranging from export licensed factories with up during the economic reforms of 1991, the Indian most apparent in the ready-made garment
to 8,000 workers to small, unmarked factories export garment industry has emerged as one industry, which has become a leading outsourcing
employing fewer than 100 workers. These of the leading industrial segments in the Indian destination for TNCs over the past two decades
smaller factories largely fill subcontracts for economy. Export earnings of the apparel industry (Sridhar 2014).
40 41
Export data and field research suggests that in employment in Indonesia’s manufacturing sectors
2018, H&M production in India has consisted combined (Okezone July 2017).
primarily of women and infants’ clothing
Centeral &
produced from inexpensive fabrics including More than 170 foreign brands and companies are Eastern Java
45% 55% Western Java
cottons and synthetic textiles. Other items active in Indonesia’s garment industry. In 2017,
Uttar
produced by H&M in India include men’s t-shirts Indonesia accounted for 1.8% of the world market
Pradesh Bihar and pants. for garment export, placing Indonesia among
Madhya
Jharkhand West
Bengal
the top ten garment supplier companies globally
Pradesh
(Sindo 2017).
Maharashtra
confirmed Indonesian factories this year, located Gap in Sri Lanka Based upon analysis of 2018 shipping data, H&M
primarily in Jakarta and Central and Western shipments from Sri Lanka to the US and Canada
Java. These figures do not, however, account for According to the most recent H&M Supplier totaled just under 30,000 kilograms for the
the 44 shipments found from Indonesia to H&M List, H&M purchases apparel from 24 garment period January – May 2018. Export data and field
in the USA which could not be traced to specific supplier factories in Sri Lanka, located primarily in research suggests that in 2018, H&M production
Indonesian factories due to the use of third party Ratnapura, Galle, Colombo and the wider Western in Sri Lanka has consisted primarily of women’s
shipping companies, or factories that receive Province. swimwear and underwear.
subcontracts from Tier 1 H&M Inc. supplier
factories. Accordingly, there is a broad consensus Due to the usage of third party shipping
among labour experts interviewed for this study companies, it is impossible to track 2018 active Sri
that H&M most likely produces garments in many Lankan suppliers to H&M in the USA.
Gampaha
more factories than the 4 factories confirmed by
researchers.
Kalutara
These four factories, up to May 2018, have Based upon AFW analysis of 2018 shipping data, more than 291,000 kilograms of goods were exported
exported 612,476 kilograms of goods to H&M this from Cambodian supplier factories to H&M between January and May 2018.
year. Taken together with the weight of shipments
which could not be tracked to individual Figure 6: Garment production hubs in Sri Lanka
Indonesian factories, there have been 1,313,140 15.7% of Sri Lanka’s GDP, with apparel and textiles
kilograms of goods exported from Indonesia to exports growing by 4.7 and 2.3% respectively to a
H&M in the USA. value of just over USD $3 billion (Central Bank of
Sri Lanka 2018).
Export data and field research suggests that in
2018, H&M production in Indonesia has consisted Over 19% of Sri Lanka’s population are employed
primarily of men’s shorts and sweaters, as well as in manufacturing (Central Bank of Sri Lanka 2018).
girls and women’s jackets and shirts. Other items Sri Lanka’s garment industry largely employs
produced by H&M in Indonesia include women’s young, unskilled workers who migrate from rural
underwear and socks, as well as swimwear and areas to Sri Lanka’s export processing or free trade
dresses. zones. Women are significantly overrepresented
in the Sri Lankan garment industry, with 85% of
CHAPTER 3:
H&M Corporate Social Responsibility
Brand and retail Corporate Social Responsibility interviews, reports and company press releases
(CSR) codes of conduct establishing social and emphasize environmental protection over worker
environmental principles have developed in protection. Progress on implementing living
response to labor, anti-sweatshop, and consumer- wages remains miniscule while H&M focuses on
driven accountability movements in Europe and renewable energy strategies. This approach marks
the United States (Barria 2014). a shift in the H&M Sustainability Commitment
towards environmental sustainability and away
H&M’s CSR commitments are set out in the (H&M from implementing living wages and ensuring safe
Group Sustainability Report 2017). The company working environments. Ultimately, transformative
claims to have 30 experts working in its Global environmental shifts also require living wages and
Sustainability Department, with another 150 decent work. H&M environmental commitments
working specifically in sustainability across 20 should extend to investing in sustainable living
production markets. environments for low wage workers that produce
garments for H&M in urban industrial production
H&M’s CSR measures may look good on paper, hubs.
but as detailed in Chapters 4 and 5 of this report,
they are far from sufficient to address workplace
harassment, violence, and violations of decent Public Disclosure
work standards. Moreover, research shows
CSR alone is an insufficient approach because H&M is one of several brands to publicly disclose
it does not address power imbalances and fear its supplier list. As many labor and human rights
of retaliation among workers who are critical to activists have recognized, supplier disclosure
monitoring and reporting incidents of gender is an important first step in transparency
based violence and ultimately transforming and accountability for labor rights abuses.
workplace practices and culture (Finnegan 2014). As explained by the International Corporate
As this report also shows, H&M and other brands Accountability Round Table (ICAR), opaque supply
must also address structural pressures including chains, unequal distribution of risk and profit
price-points and contract timelines to remove throughout the supply chain, brand purchasing
the pressures that incentivize discriminatory and practices, and the failure of home governments
coercive workplace practices at the factory level. to require brand accountability leave workers
vulnerable to a range of abuses, including violence
Like other CSR initiatives, H&M CSR not only and harassment.
falls far short of social dialogue and freedom of
association required by decent work standards, While trying to identify shipments to H&M, their
but is also entirely self-monitored. Research volume, and corresponding supplier factories
demonstrates that such self-monitored CSR in Bangladesh, India, Indonesia, and Sri Lanka,
commitments fail to either address risk factors for however, researchers identified shipments to
violence or provide avenues for relief in cases of H&M that could not be traced to disclosed
workplace violence (Finnegan 2014). supplier factories. Shipments to H&M also
included third party shipping companies and
Furthermore, while H&M standards for factories that receive contracts from Tier 1 H&M
Copyright 2018 Natalie Leifer sustainability initially encompassed fair labour supplier factories.
for Asia Floor Wage practices and environmental safety, recent
46 47
Standards for suppliers Wage standards H&M supplier standards are explicitly limited to addressing Tier 1 companies and formal subcontractors.
Put another way, H&M acknowledges that they may have non-direct “business partners” in the supply
chain, but does not commit to ensuring that these partners uphold standards for suppliers
H&M supplier standards are explicitly limited In 2013, H&M released its roadmap towards
to addressing Tier 1 companies and formal a fair living wage which articulated a powerful
subcontractors. As set out by H&M CSR Code of narrative about fairness and respect. Attracting
Conduct for suppliers, the CSR code of conduct broad publicity, H&M committed to ensure that
applies to direct operations and subcontractors a fair living wage is possible for workers in their
of Business Partners which have a contractual supply chain, and it explicitly referred to 850,000
business relation with H&M. textile workers who could expect a fair living wage
by 2018. H&M explains their vision of a fair living
Put another way, H&M acknowledges wage in the following terms:
that they may have non-direct “business
partners” in the supply chain, but does It has always been our vision that all textile
workers should be able to live on their wage.
not commit to ensuring that these
We are focusing on our strategic suppliers to
partners uphold standards for suppliers. start with. Our goal is that all of them should
have improved pay structures for fair living
Instead, according to H&M:
wages in place by 2018. (H&M 2016a)
It is the responsibility of H&M’s suppliers
and other business partners to inform their
The strategic suppliers referenced by H&M
subcontractors about H&M’s Code of Conduct
produced 60% of H&Ms product volume at the
and Policy for Homework, and to ensure that
time the original living wage commitment was
these are implemented in every factory and
made.
workplace that produces, finishes packs or
otherwise handles goods or performs services
The term “fair living wage” promised by H&M in
for H&M. While the term living wage refers to the amount With a name that integrates these standards—
2013 references and combines two distinct wage
standards: a living wage standard and a fair wage that allows a family to live with dignity, the term without, however, referencing the fair wage
standard. A living wage is protected under Article fair wage refers to wage system within a factory. paradigm—H&M used the following definition of
23.3 of the Universal Declaration of Human Rights As defined by the Fair Wage Network, fair wages a fair living wage:
and defined as a wage on which a worker and her entail three conditions: (1) compliance with
family can live with dignity. national wage regulations, including minimum A fair living wage should at the very least cover
wage standards, regular payment, overtime the worker and their family’s basic needs and
payments, provision of paid holidays and social a discretionary income. This wage should
insurance; (2) proper wage structures within a be reviewed annually and negotiated with
company, including appropriate wages for skill democratically elected trade unions. (H&M
Accordingly, Tier 1 disclosure is only the first step toward transparent supply chains level and individual and collective performance; 2016a)
since H&M garments and apparel continue to be manufactured by third-party and removal of gender pay gaps; and (3) However, as detailed by a May 7, 2018 press
structures that facilitate collective bargaining release from the Clean Clothes Campaign:
subcontractors that are not included in H&M supplier lists. These practices undermine (McMullen 2016; FWN 2016).
Back in 2013 H&M announced that 850,000
supply chain transparency, obscure critical information, and create obstacles to workers would be paid a fair living wage
external monitoring and review. by 2018. Instead of that materializing on
48 49
The May 7, 2018 press release from Clean Clothes to pay living wages and guarantee fair
Campaign explains that even if the figures
published by H&M are taken as a reference point, employment conditions throughout its
it is clear that workers’ earnings are a fraction of
what would constitute a living wage: global supply chain.
As detailed in Chapter 5 of this report, H&M are then scored by H&M, using a Sustainability
supplier factories blatantly violate these Index score from zero-100 that reflects both
standards. H&M criteria and the Higg Index—an assessment
mechanism that aims to assist brands in
measuring environmental impacts of their supply
Grievance channels chain (H&M Sustainability Report 2017, p. 83).
H&M’s Sustainability Commitment requires According to the H&M CSR Code of Conduct for
suppliers to ensure that workers have means to suppliers, Section 8.4 on Corrective Action, H&M’s
report grievances in a manner which also provides role in remediating violations of its Sustainability
protection against retaliation for reporting. Commitment is extremely limited. If H&M
As explained in Chapter 5 of this report, however, confirms a case of non-compliance with minimum
despite these requirements, workers from H&M requirements by a supplier, H&M will send a
supplier factories reported that in practice there letter of concern and require a corrective action
are no good ways for them to report violence and plan from the supplier. At best, H&M will provide
seek relief and there are serious restrictions on capacity building support to the supplier factory
freedom of association. to guide implementation of the corrective action
plan. H&M does not work directly with suppliers
to remediate violations.
CHAPTER 4:
Spectrum of gender based violence in H&M garment supply chains
Table 1: Spectrum of gender based violence in H&M garment supply chains This section provides examples and cases of the They can’t do the same thing to a man. The
spectrum of violence reported by women garment manager, supervisor, floor-in-charge, master—
Gendered aspects of violence, including: workers in H&M supply chains in Bangladesh, if they go after a man, they fear being beaten
1. Violence against a woman because she is a woman Cambodia, India, Indonesia, and Sri Lanka. by them after work.
2. Violence directed against a woman that affects women disproportionately due Consistent with the international legal standards
to (a) high concentration of women workers in risky production departments; discussed in Part 1, these qualitative accounts Not all women workers, however, reported
and (b) gendered barriers to seeking relief include: submitting to abuse for fear of retaliation.
• forms of violence that are gendered because Women workers who are members of trade
Forms of violence women workers are singled out for violence unions or workers collectives both had a strong
and harassment; and understanding of their rights and reported
Acts that inflict • Assault, including pushing to the floor, beating and kicking, gendered aspects • forms of violence that disproportionately resisting workplace violence and harassment.
physical harm (1), 2(b) impact women workers because they not
• Slapping, gendered aspects 2(a) and (b)
Violence that
only comprise the majority of workers
• Pushing, gendered aspects 2(a) and (b) in garment production factories, but are
• Throwing heavy bundles of papers and clothes, gendered aspects 2(a) and (b)
disproportionately impacts
also underrepresented among supervisors
• Fainting due to calorie deficit, heat, and air circulation, gendered aspect 2(a) and managers and disproportionately
• Long hours performing repetitive manual tasks lead to chronic health issues,
women
concentrated in subordinate operator roles.
gendered aspect 2(a)
Acts that inflict • General verbal abuse, including bullying and verbal public humiliation,
mental harm gendered aspect 2(a)
• Verbal abuse linked to gender and sexuality, gendered aspect (1)
Violence against a woman Women are disproportionately impacted by
patterns of violence in garment supply chains
• Verbal abuse linked to caste or social group, gendered aspect 2(a) and (b)
• Verbal abuse targeting senior women workers so that they voluntary resign
because she is a woman because they make up the vast majority of
garment workers. In Bangladesh, Cambodia,
prior to receiving benefits associated with seniority, gendered aspect 2(a) India, Indonesia, and Sri Lanka, women workers
Women workers reported being targets of
Acts that inflict • Sexual advances from management and mechanics and retaliation for represent the vast majority of the overall garment
explicitly gendered violence, including verbal
sexual harm or reporting, gendered aspect (1), 2(a) workforce:
abuse linked to gender and sexuality, sexual
suffering (including • Sexual harassment from management and co-workers, gendered aspect (1) harassment, and threats of retaliation for refusing
sexual harassment, • Unwanted physical touch, including inappropriate touching, pulling hair, and • Bangladesh: Women comprise 80% of the
sexual advances. Women from H&M supplier
abuse, assault, and bodily contact by managers and male co-workers, gendered aspect (1) garment workforce (World Bank 2018).
factories who engaged in this study named
rape) • Rape outside the factory at accommodation, gendered aspect (1) • Cambodia: Women between the ages of 18
male branch managers, mechanics, supervisors,
Coercion, threats, • Threats of retaliation for refusing sexual advances, gendered aspects 1, 2(a) and and 35 dominate the Cambodian garment
and co-workers as perpetrators of violence and
and retaliation (b) production sector, comprising an estimated
harassment.
• Retaliation for reporting gendered violence and harassment, gendered aspects 90-95% of the industry’s estimated 700,000
1, 2(a) and (b) workers (Barria 2014; Kashyap 2015).
Women workers also, however, reported being
• Blacklisting workers who report workplace violence, harassment, and other • India: 60-75% of garment workers in India are
targets of violence because they are less likely to
rights violations, gendered aspect 2(a) women (Kane 2015; Mohan 2017).
stand up for themselves than male co-workers.
• Indonesia: An estimated 80% of workers in
Deprivations of • Forced to work during legally mandated lunch hours, gendered aspect 2(a) A woman worker employed in an H&M supplier
garment and textile production are women
liberty • Prevented from taking bathroom breaks, gendered aspect 2(a) factory in Gurugram (Gurgaon), India:
(Oktaviani 2017).
• Forced overtime, gendered aspect 2(a)
• Sri Lanka: 85% of garment workers are
• Prevented from using legally mandated leave entitlements, gendered aspect Our slightest mistake becomes a reason to be
women, compared to a share of 35% in
2(a) fired from work. All we have to do is to work
the overall national labour force as of 2015
with our eyes and ears closed in the factory.
(Madurawala 2017).
54 55
Figure 7 a: Gendered production roles in H&M supplier factories in Bangladesh, Cambodia, and India Gendered hiring by department, range across factories
Note: This model was developed based upon detailed factory profiles in Bangladesh, Cambodia, and India Department Fabric Store Cutting Fusing/ Production Finishing/packing
Factories and number of workers by department pasting
Department Fabric Store Cutting Fusing/ Production Finishing/packing Management Manager Supervisor Supervisor Supervisor Supervisor
pasting male male male 80-100% male 90-100% male
0-20% female 0-10% female
Bangladesh 25 workers 82 workers 26 workers 2520 workers 19 workers In-charge Quality Control Quality Control Quality Control
Factory 1 male 60-100% male 20-100% male Male
Bangladesh 10 workers 146 workers 37 workers 4050 workers 38 workers 0-40% female 0-80% female
Factory 2 Supervisor Line In-Charge
Bangladesh 9 workers 105 workers 18 workers 2025 workers 191 workers male 70-100% male
Factory 3 0-30% female
Cambodia 5,050 workers total, exact distribution by Researchers from CENTRAL in Cambodia Group leaders
Factory 2 department unavailable (Source: Garment reported being unable to get clear (lower level
Manufacturers Association of Cambodia) information on the number of workers in managers in
Cambodia 156 workers total, exact distribution by each department. Workers reported being Cambodia)
Factory 4 department unavailable (Source: Garment regularly moved between departments and 0-30% male
Manufacturers Association of Cambodia) hired and fired from roles with significant 70-100% female
frequency that they did not have a grasp of Specialized Store Sticker Master Fusing Record Keeper
the structure of their workplace. They did, roles Keeper 40%-80% male machine 20-100% male
however, provide insight into the gendered male 20-60% female Operator 0-80% female
distribution by department as reported 20-100%
below. male
Cutting
India Factory 6 workers 50 workers 14 workers 445 workers 59 workers Machine 0-80%
1 male female
Layer Man
These numbers, moreover, do not include women level, women workers are concentrated in the male
engaged in seasonal, home-based garment work production department, in subordinate roles
(Finster 2015; Kashyap 2015). as machine operator, checkers, and helpers in Checkers Checker Checker
production departments. 30-100% male 70-100% male
In Bangladesh, Cambodia, India, Indonesia, and 0-70% female 0-30% female
Sri Lanka, the garment industry has been a major Departments, largely segregated by gender, Machine Button Machine Line Tailor
source of employment for young women from are also spatially separate, creating multiple operators 40-100% male 70-90% female
rural areas who migrate for employment to and different working environments within the 0-60% female 10-30% male
garment production hubs. same factory. Women workers from an H&M Helpers Helper Helper Helper Helper
supplier factory in Indonesia described gendered 70-100% male 20-70% 0-20% male 0-30% male
Despite their numerical majority within the segregation by department: 0-30% female male 80-100% female 70-100% female
garment sector, women workers remain within 30%-80%
low skill level employment and rarely reach female
leadership positions in their factories and unions. Figure 7 b: Gendered production roles in H&M supplier factories in Bangladesh, Cambodia, and India
Detailed factory profiles reveal that at the factory
Note: This model was developed based upon detailed factory profiles in Bangladesh, Cambodia, and India
56 57
In October 2017, Piya went to the Ashulia Police asked me to go out with him on the holiday. I exposed to violence. Notably, Sulatana is a highly under his supervision. If she refuses she will
Station to report the harassment she faced and gently refused. The next day, the Production skilled garment worker who was employed in a be fired. They will blame her for being unable
seek relief. Piya described her experience with the Manager approached me and asked, “What management position at an H&M supplier factory. to achieve her targets. Women workers has no
police: is wrong with you? Why don’t you spend Unlike Sulatana, the majority of women garment say in these arrangements.
some time with the boss?” I refused again and workers at the base of H&M garment supply
The police refused to file my case. They told explained that I was spending the holiday with chains are concentrated in short term, low skill, Women workers at this H&M supplier factory
me, “It is only a proposal.” When I returned to my five-year old son. and low-wage positions, increasing their risk of explained that managers, supervisors-in-charge,
work the next day, I was fired from my job. I gender based violence at work. floor-in-charge, and “masters” within a factory are
learned later that the police had informed the On April 17, 2018, the first working day after often relatives. This interconnected web of male
Sample Manager that I went to file a case. the three-day New Year holiday, the Production Women workers employed in an H&M supplier supervision further undermines avenues for relief
Manager approached Sulatana again: factory in Gurugram (Gurgaon) described being for women who are targets of sexual advances.
This example shows how women in Piya’s position moved around from line-to-line depending upon
have no avenue for relief from ongoing sexual He pressured me to agree to the General the desires of male supervisors. One woman In Tiruppur, India, women workers at an H&M
harassment at work. When Piya refused to go Manager’s proposal. He offered me a salary explained: supplier factory reported that supervisors may use
out with the Sample Manager outside of working increase and a promotion if I agreed. When their control over working hours to make sexual
hours, she was fired in retaliation. Neither factory I did not, he threatened to fire me. I was If the supervisor liked a particular girl who is advances after long night shifts. One woman
human resources nor the police provided viable anxious and afraid. I skipped work the next working under another supervisor—and if he explained:
pathways to accountability. day. has some influence over floor in-charge—then
he will ask the floor in-charge to shift that girl
On April 19, Sulatana went to the Ashulia police
Sulatana station to file a complaint. The police refused
to receive the complaint on the grounds that
Women employed in lower management positions
Sulatana had no authentic proof. A few days later,
also reported sexual harassment and retaliation
on April 22, the General Manager called her to his
for reporting sexual harassment. For instance,
office and asked her to resign immediately. When
In January 2018, Sulatana, a skilled garment
Sulatana approached Human Resources, she was
worker with 10 years of experience, was hired as
informed that the General Manager’s decision was
a production-line manager by an H&M supplier
final.
located in Dhaka, Bangladesh. Her position as
a woman production-line manager is highly
Sulatana had no avenue for relief from ongoing
unusual since the majority of women workers in
sexual harassment at work. When Sulatana
Bangladesh are employed in subordinate roles
refused to spend time with the General Manager
as machine operators, helpers, and checkers. In
outside of working hours, she was fired in
the weeks that followed, the General Manager
retaliation. Neither factory human resources
of the factory made frequent advances. Sulatana
nor the police provided viable pathways to
recounted:
accountability. At the time of interview, nearly
three weeks later, Sulatana was still searching for
He flirted with me, he would touch me on the
a new job.
shoulder or touch me on the head. I tried to
ignore him. I thought if I showed no interest,
Sulatana’s experience of workplace violence
he would stop. It didn’t work. On April 11,
provides insight into the risk factors that leave
three days before Bengali New Year, the Garment workers in a Bangladesh garment factory. Workers pictured were not interviewed for this report.
women workers in H&M garment supply chains
General Manager called me to his office and By Tareq Salahuddin licensed by CC 2.0
60 61
It is like a trap. If a supervisor is interested in a Forced to navigate unwanted sexual overtures Sri Lankan women from this factory reported that As detailed in the discussion of ineffective
woman, he can make her work the half-night at work, Manju left her job rather than face they are most frequently harassed in the hallway grievance mechanisms in Chapter 5 of this report,
shift which gets over at midnight. Then, he repercussions from her husband—in this case, on the way to the bathroom. all participants stated that there were no good
may offer to drop her home on his bike. She she feared not being allowed to work outside ways for them to report cases of violence in their
may not have any other option to reach home the home. In deeply patriarchal societies, sexual Workers at Yi Da Manufacturer reported sexual workplace.
at that time of night. In this situation, it is easy advances in the workplace may have significant harassment from male staff. One worker reported
Industrial discipline
for the supervisor to exploit the woman he has consequences for women beyond the impact of having her “sensitive areas touched without my
targeted. violence, including social stigma and restrictions consent”.
Authority On September 27, 2017, at 12:30 pm, my In addition to these more extreme forms of
batch supervisor came up behind me as I was physical abuse, women workers also reported
Management • Hierarchical work relations
working on the sewing machine, yelling “you being handled roughly by male supervisors on a
• Sweat shop disciplinary practices, including
are not meeting your target production.” He routine basis. One woman worker from an H&M
verbal, physical, and sexual harassment and
pulled me out of the chair and I fell on the supplier factory in Gurugram (Gurgaon) described
abuse
floor. He hit me, including on my breasts. He being physically pushed to work:
pulled me up and then pushed me to the floor
Union presence • Anti-union management practices
again. He kicked me. The supervisor and master push us by our
Workforce demographics shoulder or shake it abruptly and roughly with
Education • Illiterate, low literacy and literate Radhika filed a written complaint with Human their hand ordering us to work, if they find
Women • High %age of women workers Resources. She described the meeting between us somewhere else other than our allotted
• Concentration in low-skill departments and herself, the supervisor, and human resources workplace.
tasks personnel:
• Home-workers hired on piece rate Women workers also reported physical violence,
They called the supervisor to the office and including slapping and pinching, from male
Employment conditions said, “last month you did the same thing to colleagues. At Roo Hsing, another H&M supplier
Wages and incentives • Below or at minimum wage and piece-rate another lady—haven’t you learned?” Then in Phnom Penh, Cambodia, women reported that
payment they told him to apologize to me. After that, there was no action taken against male workers
Overtime • High levels of forced overtime they warned me not to mention this further. who inflicted violence against female colleagues.
The supervisor and I left the meeting. I went
Employment security • Low employment security
back to work.
Source: Adapted from Nathan, Saripalle and Gurunathan 2016 Physical toll of garment work
Table 2: Operatory labour practices, workforce demographics, and working conditions in garment Radhika reported that the harassment from her
production manager did not stop, but that she continued to Fainting due to calorie deficit, heat, and
work at the factory because she needs the job:
Physical abuse inadequate air circulation
Physical violence “My husband passed away and I have a physically
challenged daughter who cannot work. That
Examples of physical abuse reported by workers Due to exposure to high temperatures and high
is why I need the job. I suffer a lot to earn my
Under international law gender based violence interviewed for this study include slapping levels of chemical substances, exacerbated by
livelihood.”
includes acts that inflict physical harm. While both workers and throwing heavy bundles of papers poor ventilation systems and inadequate nutrition
women and men reported working in physically and clothes at workers, especially during high- among workers, episodes of mass fainting are
Workers at Yi Da Manufacturer, an H&M supplier
violent contexts, these modes of discipline are stress production times. Workers reported that a regular occurrence in Cambodian garment
factory in Phnom Penh, Cambodia, reported
gendered because they disproportionately impact physical discipline practices spiked after second factories. In 2017, the Cambodian National Social
suffering physical violence at the hands of Chinese
women workers based upon their concentration tier management came out of meetings with Security Fund identified 1,603 cases of fainting
managers, including having bundles of clothes
in machine operator roles and as checkers and senior management driving production targets. across 22 factories, including H&M suppliers.
thrown at them and being beaten.
helpers in production departments. Women are 1,599—or 98%—of these cases were women.
also subjected to physical harm associated with In India, women workers employed in an
H&M supplier factory in Bangalore reported
One worker at Yi Da Manufacturer
the very nature of garment work: long hours Workers, trade unions, and their allies have long
performing repetitive manual tasks in unsafe physical abuse associated with pressure to meet reported that a translator slapped a
documented these severe health consequences
working environments for below living wages. production targets. Radhika described being female worker and later claimed he was in H&M supply chains. In 2017, four separate
thrown to the floor and beaten, including on her joking. No action was taken against the instances of fainting due to calorie deficit, heat,
breasts: perpetrator. and inadequate air circulation were reported at
64 65
In Bangladesh, women employed in H&M terminated. If workers ask to take leave they
production factories reported being forced to are threatened with termination.
work overtime and during holidays. Workers
also reported being prevented from taking toilet These working hours, documented in H&M
breaks. supplier factories, violate H&M’s Sustainability
Commitment requires overtime to be voluntary
Women workers in an H&M supplier factory and not to exceed 12 hours per week. Employers
Cakung, North Jakarta, Indonesia reported that are required to ensure that workers do not work
if they missed work due to menstruation, they in excess of 48 hours per week on a “regular
have to provide a doctors’ notice or they will basis” (H&M 2016).
be considered to have taken unpaid leave. This
is in violation of Indonesian Labour Law (No. Forced overtime is most common during the
13/2003, article 81) that entitles women workers height of the garment high season, which overlaps
to two days of menstruation leave each month with Cambodia’s hottest season. From April-
without a doctors’ notice. The doctors notice August, workers report being forced to work up
requirement further prevents women from taking to 14 hours a day—as well as on Sundays and
leave because they must bear the costs associated national holidays—in sweltering heat, without
with the doctors’ appointment. In another adequate supply of clean drinking water or any
H&M supplier factory, women workers reported breaks.
that they did not take their menstruation leave
because they were paid double to work through These conditions have led to mass fainting
this legal leave period. episodes among Cambodian women garment
workers resulting from over exertion exacerbated
High production targets also prevent workers from by inadequate nutrition. Such episodes of mass
observing religious practices. Indonesian garment fainting have occurred in factories from which
workers employed in H&M supplier factories, H&M supplies.
a majority of whom are Muslim, reported that
they were unable to take a break to pray. If they
do, they will be unable to make their production
targets.
CHAPTER 5:
Risk factors for violence in the H&M supply chain
This section documents risk factors for violence While the H&M Sustainability Commitment states
in the H&M garment supply chain, including that obligations to employees shall not be avoided
use of short term contracts, production targets, through the use of “labor-only contracting,
industrial discipline practices, wage related rights fixed-term contracts or through apprenticeship
abuses, excessive working hours, and unsafe schemes,” there is nothing specifically in the
workplaces. Barriers to accountability—including Sustainability Commitment which forbids the
unauthorized subcontracting, denial of freedom usage of short-term, or repeated short-term,
of association, and failure to require independent contracts. Rather, suppliers limiting the usage
monitoring—promote a culture of impunity of fixed-term contracts is included only as an
among perpetrators of violence and prevent ‘aspirational’ requirement (H&M 2016).
women from seeking accountability and relief. The
risk factors documented in this empirical section In Indonesia, women workers reported that
are presented thematically in order to surface non-permanent work agreements facilitate
the patterns of rights violations in Bangladesh, termination and changes in employment status
Cambodia, India, Indonesia, and Sri Lanka. based upon employers’ needs and concerns—
including shifting work orders, avoiding paid
holidays, and retaliation for union activity.
to avoid paying benefits all four H&M supplier factories surveyed in the
Delhi, National Capital Region in India employed
contract workers. For instance, in one silver-rated
Labour Law.
period for improvement. Where an employer they were required to produce 90-120 pieces Garment Pieces Pieces Piece rate Total Total Total Total
needs to terminate a worker due to economic, every 25 minutes, with timed intervals to production produced/ in INR earning earning in earnings in earnings in
technological, structural, or other similar determine if targets were met. Workers operation hour per hour in 8-hour day 8-hour day 8-hour day
considerations, these decisions should be made reported that they were not allowed to leave (worker INR (INR) (USD) (EUR)
according to pre-defined criteria that consider the the factory until their production targets are account)
interests of the worker as well as the employer met, extending the working day for another
Neck 50 400 1 50 400 6.16 4.99
(R166, Arts. 8, 23). 1-1.5 hours.
gather
• Sri Lanka: Workers employed in an H&M
Elastic joint 50 400 1 50 400 6.16 4.99
supplier factory in Vavuniya District, Northern
Province, Sri Lanka described production Attach 50 400 1 50 400 6.16 4.99
2. Production targets targets of 150-200 pieces every hour. shoulder
Fold frill 25 200 3 75 600 9.23 7.48
While H&M establishes standards for suppliers
Production targets vary by garment type, but Frill gather 25 200 3 75 600 9.23 7.48
with regard to overtime and leave, the
routinely require workers to be accountable for Attach 25 200 3 75 600 9.23 7.48
Sustainability Commitment makes no mention of
producing one or more items per minute (Table sleeve
production targets. In this sense, there is nothing
6). Production targets also vary for different Sleeve 50 400 1.5 75 600 9.23 7.48
in H&M’s Sustainability Commitment preventing
categories of workers. A woman worker from an overlay
suppliers from setting unrealistically high
H&M supplier factory in Gurugram (Gurgaon), Neck bend 50 400 1.5 75 600 9.23 7.48
production targets for workers.
India, described:
Neck finish 50 400 1.5 75 600 9.23 7.48
Use of production targets and piece rate wages Fold 50 400 1.5 75 600 9.23 7.48
I work as contract labor. They give us huge
create sustained pressure among workers to meet Skirt side 25 200 3 75 600 9.23 7.48
targets—much higher than we can complete.
targets at the expense of taking breaks to rest, overlay
Even the permanent workers do not support
using restrooms and even drinking water. Across
us. They compare their targets with ours. They Side pin 50 400 1.5 75 600 9.23 7.48
Asian global value chains, workers in divisions
get paid more than us, and still we have higher stitch
ranging from sewing, trimming excess thread,
targets. (panel)
quality checking and packaging are routinely
Bottom 50 400 2 100 800 12.31 9.98
assigned production targets. Many are also paid
Bangladeshi and Sri Lankan workers from H&M fold
by piece rate.
supplier factories interviewed for this study Wash/ 25 200 3 75 600 9.23 7.48
described feeling that there were not enough care label
Women workers from across the H&M garment
workers to meet their unrealistic production attachment
supply chain described high production targets
demands. Bangladeshi workers in one FGD said Skirt 50 400 2 100 800 12.31 9.98
measured across short time intervals:
that 70 workers typically handle the work that 100 gathering
workers could reasonably carry.
• Cambodia: Workers at H&M supplier factory, Top skirt 50 400 1 50 400 6.16 4.99
Roo Hsing, described standard production belt
Cambodian women workers employed at H&M
targets as being 230 pieces per hour per line, attachment
garment supplier factories agreed that they felt
with one line made up of 59 workers, but Wait belt 50 400 1.25 62.5 500 7.69 6.24
that their production targets were not realistic.
noted that this target may vary depending on
the product. Table 6: Piece-rate targets and earnings for contract workers, by type of production operation, in an H&M
Production targets were a significant underlying
• Indonesia: Workers employed in an H&M supplier factory in Gurugram (Gurgaon), India
source of violence at Roo Hsing, an H&M supplier
supplier factory in Indonesia reported that
factory in Cambodia.
76 77
Worker strategies
The Asia Floor Wage Alliance (AFWA), a global coalition of trade unions, workers’ rights
and human rights organizations, provides a detailed formula for calculating living Country conv. factor Asia Floor Wage in local currency
wages across national contexts. The AFWA definition of a living wage specifies that Bangladeh 31.90 37661 Takas
Cambodia 1642.9 1,939,606 Riel
living wage calculations must include support for all family members, basic nutritional
India 19.98 23588 Rupees
needs of a worker and other basic needs, including housing, healthcare, education and Indonesia 4985.7 5,886,112 Rupiah
some basic savings. Table 6: Asia Floor Wage Figure in local currencies
The Asia Floor Wage Alliance living wage calculation is based on the following
PAY GARMENT WORKERS A A worker should
considerations (Figures 8 and 9):
• A worker needs to support themselves and two other consumption units. [One LIVING WAGE be able to afford:
5 6 7
Based upon these assumptions, the Asia Floor Wage is calculated in Purchasing Power A living wage
is a human right,
Parity $ (PPP$). This fictitious World Bank currency is built upon consumption of goods for all people,
and services, allowing standard of living between countries to be compared regardless all over the
clothing transportation savings world
of the national currency. Accounting for high inflation, Asia Floor Wage figures are
Figure 8: Basic needs included in Asia Floor Wage calculations
calculated annually. As explained by AFWA Coordinator, Anannya Bhattacharjee:
The gap between the minimum wage and the cost of living has widened in recent
years. High inflation has sent the cost of living soaring in many Asian countries, but A WORKER IS 1 X WORKER +
starting salaries remain unchanged—often for several years. (Pasariello 2013) 2 x adult dependents or
SUPPORTING 1 x adult + 2 x children or
In order to calculate annual Asia Floor Wage figures, the AFWA carries out regular and
ongoing food basket research (AFWA 2016a). AFW annual PPP$ wage figures are then THEMSELVES 4 x children
calculated annually based upon up to date national food basket research. For instance,
the 2017 Asia Floor Wage figure is PPP$ 1181. These wage figures are then converted OR OR
into local currency (Table 6)(AFWA 2017).
+
The AFW wage calculation method provides an instructive model for H&M and other
brands in setting living wages that correspond to workers needs and consider rising
costs of living. Figure 9: Asia Floor Wage Alliance, financial dependents and worker responsibility
80 81
Venture into the homes where migrants live and listen to their stories as they describe
the challenges they face in accessing clean water and sanitation facilities, navigating
relationships with landlords and keeping themselves safe from violence at home and at
work. These experiences are deeply personal, unique to the Delhi, NCR —and are also
reflective of the living and working conditions faced by migrant workers in megacities
across the globe.
Over the last two decades, hundreds of thousands of workers have moved to Delhi’s
National Capital Region, spurred on by India’s uneven development. The city of Gurgaon
has transformed into one of the world’s largest industrial hubs and migrant workers
have been integral to this transformation. Held at an arm’s length by the city, they live
deprived of even the most basic entitlements.
The New Urban Agenda — a global strategy around urbanization that will guide global
strategy around urbanization for the next two decades. Like the UN Sustainable
Development Goals, the New Urban Agenda has the potential to inform programmatic
and funding priorities for years to come. The New Urban Agenda must speak for the
needs of millions of working families, to bring dignity to the industrial sectors of India.
82 83
Country conv. factor Asia Floor However, as detailed in Chapter 3, the actual Our research suggests, however, that Of the Cambodian workers who participated
Wage in local wages paid, which are nowhere near a living these standards are routinely violated by in this study from H&M supplier factories, all
currency wage, even based on H&M’s own figures. supplier factories. reported that their typical work-week exceeded
Bangladesh 31.90 37661 Takas 50 hours per week and, in many cases, 60 hours
A woman worker employed in an H&M supplier per week—and that these overtime hours are
Cambodia 1642.9 1,939,606 4. Excessive hours of work and factory in North Jakarta, Indonesia described not optional. Cambodian workers reported that
India 19.98 23588 Rupees
Indonesia 4985.7 5,886,112
inadequate rest her regular work day that stretches for nearly they were not allowed to leave the factory before
11-hours a day, six days a week: overtime hours are over. Others reported fearing
Rupiah that they would lose their jobs if they did not
Table 7: Asia Floor Wage Figure in local currencies
Long hours work overtime.
7:15 am We go through a body
Encouraging violation of international check before entering
Asia Floor Wage Alliance-Cambodia (AFWA-C) Women workers at H&M supplier factory, Roo
the factory. We have to
reported health problems associated with poor labour standards governing hours of Hsing, reported working 60 hours per week on
be in the factory and
working environments and exacerbated by work, production targets and piece rate clean our work spaces.
average. One worker at Roo Hsing explained:
poverty-level wages: systems also incentivize excessive hours 7:30 am First shift
of work and inadequate periods of rest. Workers are forced to do overtime when
11:30 am Lunch hour demands are high. If they don’t do it they
Women workers are forced to base their These conditions damage workers’ health,
nutrition on food with a totally insufficient 12:15 pm Second shift are threatened to have their contracts
increase the risk of workplace accidents, 4:30 pm Second shift ends but terminated. If workers ask to take leave they
caloric content, many hours of overtime work
pose risks to workers who must commute if the target is not met, are threatened with termination.
become practically mandatory, thus making
much worse the chronic exposure to the late at night and early in the morning, we stay until 6pm
harmful environment (Barria 2014). and infringe on freedom of association. 6 pm We go through a body Workers also reported being required to work
check to leave the when they are ill. A Sri Lankan woman worker,
Whilst H&M states that a fair living wage “should” According to the ILO Convention No. 1 regarding factory employed in an H&M supplier factory in Vavuniya
be enough to meet the basic needs of employees hours of work, working hours should not exceed District, Northern Province, Sri Lanka, described
and their families and provide some discretionary eight hours in a day and forty-eight hours in a Workers from Bangladesh, Cambodia, India, the consequences of resting, even when she is
income, the only requirements for suppliers with week. Under Convention No. 1, working hours Indonesia and Sri Lanka all reported that they sick:
respect to wage levels are that they meet at least may not exceed 56 per week except in cases of are forced to work overtime when orders
the minimum national legal level or that set in processes carried on continuously by a succession increase. Low wages, as discussed in the previous Even if we are sick, still we have to finish our
collective bargaining agreements, whichever is the of shifts (ILO Convention1, Article 4). section, lead workers to prolong working hours. work on time. We have a room to rest if we
higher (H&M 2016). Others report that they do not refuse overtime are sick, but if I use that room, I will be blamed
The H&M Sustainability Commitment requires assignments because refusal could cost them their by my supervisor for missing the target. Our
H&M’s Sustainability Commitment requires weekly working hours, including overtime hours, jobs. supervisors don’t like us even opening the
suppliers to pay wages and benefits that meet to comply with national law, ILO conventions, door of the room. If we get rest there, we
at least the minimum provided in national laws or collective agreement, whichever affords the The Indonesian women workers interviewed for won’t be able to finish our tasks.
or collective bargaining agreements. Whilst the greater protection for workers. The Commitment this study are union members, and know their
Sustainability Commitment states that a fair further states that employees shall not be legal wage entitlement. They explained, however, Cambodian women workers described even
living wage “should” always be enough to meet required to work more than 48 hours per week on that many workers do not know how to calculate harsher consequences for resting while ill. A
the basic needs of workers along with some a regular basis. H&M also specifies that overtime their overtime work in order to ensure that they woman worker from H&M supplier factory, Yi Da
discretionary income, there is no requirement for work should be voluntary and not exceed 12 hours are given legal overtime advances. Manufacturer, said:
suppliers to pay such a living wage. per week.
84 85
When workers ask permission for sick leave, Women workers employed in an H&M supplier Due to exposure to high temperatures and high The H&M Sustainability Commitment states that
the administration officer threatens to force factory in Vavuniya District, North Province, Sri levels of chemical substances, exacerbated by workplace safety and the health and safety of
them to submit a letter of resignation instead. Lanka also reported both working late into the poor ventilation systems and nutrition among employees must be a priority at all times and
night and risking harassment and robbery on their workers, episodes of mass fainting are a regular mandates the provision of a safe and hygienic
As discussed in the subsequent section in this way home. occurrence in Cambodian garment factories. working environment. Minimum requirements
Chapter on unsafe workplaces, this can be The ILO prohibits excessive hours of work and In 2017, the Cambodian National Social for this include the compliance with all applicable
particularly damaging to their health during inadequate periods of rest on the grounds that Security Fund identified 1,603 cases of national laws and regulations and no unsafe
the hot season which lasts from March through such conditions damage workers’ health and buildings or exposure to hazardous machines,
fainting across 22 factories, including
May. Workers at Roo Hsing stated that this time increase the risk of workplace accidents. Long equipment or substances. There must be
working hours also prohibit workers attending to H&M suppliers. 1,599—or 98%--of these
of the year was particularly bad as the working adequate fire safety equipment and regular
temperature in the factory is extremely hot and family and participating in the community. ILO cases were women. training and evacuation drills held for workers.
dusty. standards on working time provide a framework Clean drinking water and toilet facilities must be
for regulating hours of work. Relevant standards Despite these significant occupational health provided.
include: the Hours of Work (Industry) Convention, and safety concerns, H&M refused to attend the
Violence during late commutes 1919 (No.1); Weekly Rest (Industry) Convention, People’s Tribunal on Living Wage as a fundamental
workers for exercising their right to join a union. collective bargaining (Gurgaon), Haryana, India, union organizers As a result, CATU has a union presence in these
The dismissed workers had to collect H&M reported that workers were under threat of factories, but not Most Representative Status
garment tags to prove that Full Fortune produced Denial of fundamental rights to freedom of losing their jobs if they openly joined a union. under the Law on Trade Unions which would give
for H&M at the time of the dispute. association and collective bargaining forecloses Within this factory, as a result of sudden layoffs them the right to collectively bargain for better
an important pathway for redress for women in September 2015, workers who had formed a conditions and represent workers in collective
As explained by CCAWDU Vice President, Athit workers. By preventing workers from responding union were scattered, disrupting their capacity to labour disputes. Use of the Law on Trade Unions
Kong, a former garment worker: “It is the collectively to violence and risk factors for exercise their right to freedom of association and to reduce the influence and status of independent
multinational brands who extract by far the violence, barriers to freedom of association and engage in collective bargaining. unions in the Cambodian garment sector impedes
largest profits from the labour of Cambodian collective bargaining in H&M supplier factories workers’ ability to collectively bargain for better
garment workers, yet they hide behind layers fosters a culture of impunity around violence. In H&M supplier factories in Indonesia, workers contracts.
of outsourcing and subcontracting to avoid and union organizers explained that high
responsibility” (Finster 2015). Women working in an H&M supplier factory in turnover prevents workers from forming a Even in workplaces where workers do
Cakung, North Jakarta described hiding their union. Within these production units, very few manage to form and register unions,
Even when workers have demonstrated that H&M union affiliation to avoid retaliation: workers hold continuous employment for more across the Asian garment industry, trade
sources from abusive subcontractors, H&M has than a year. Workers report being terminated
union leadership is overwhelmingly male.
not taken steps to rectify these violations. We are members of a union, but we hide our for a period of one month before being rehired.
The constant threat of termination, trade union Accordingly, trade union leaders may
identity as union members because we are
For instance, in response to allegations of rampant leaders explained, creates a significant barrier to not adequately attend to gender based
afraid the company will intimidate us. We will
labour and human rights abuses in textile mills organizing. violence in the workplace.
wait until we are strong enough, until we get
in Tamil Nadu, H&M blacklisted Super Spinning more member. Until then, if the company finds
Textile Mills. Within this facility, women and young In Bangladesh, none of the women workers Violations of freedom of association and collective
out, they will make it uncomfortable for us to
girls were found working under conditions that employed in H&M supplier factories were union bargaining, core labour rights protected protected
work here.
amounted to forced labour. In this case, workers members. Women from one H&M supplier factory under the Declaration on Fundamental Principles
reported being lured from their homes by false in Dhaka reported that the factory management and Rights at Work, including the Freedom
The very structure of work in H&M supplier
promises, engaging in work as young as 15 years pays some workers to report worker collective of Association and Protection of the Right to
factories creates obstacles to freedom of
old, working 60 hours weeks and living in rooms action: Organize Convention, 1948 (No. 87) and Right to
association. Long working hours deny workers
with shared bathrooms that accommodated up to Organize and Collective Bargaining Contention,
opportunity to engage with one another. High
35 workers. Workers also reported that they did They pay other workers to report any 1949 (No. 98).
turnover rates as workers are hired and fired also
not have contracts. Monthly salaries ranged from undermine worker solidarity and collective action. signs of complaint or protest. You can
USD 25 to USD 65 per month. The ILO Declaration on Fundamental Principles
be reported for raising your voice on
and Rights at Work recognizes the right to
For instance, in one H&M supplier factory in an issue, making contact with trade
Although H&M blacklisted Super Spinning Mills, organize as one of four fundamental rights to
Gurugram (Gurgaon), Haryana, India, workers unions or workers organizations, or
prohibiting suppliers from ordering yarn from be upheld by ILO member states. Together, the
engaged in piece rate work—often working up to
them for H&M orders, the company denied even speaking about workers’ rights in Freedom of Association and Protection of the
17
hours per day—have no time to exercise their
responsibility, claiming that they were only the factory. Right to Organize Convention, 1948 (No. 87)
fundamental rights to freedom of association.
tangentially connected to the mill through a and Right to Organize and Collective Bargaining
Further undermining freedom of association,
supplier in Bangladesh. H&M did not take any Union leaders in CATU, reported that in H&M Convention, 1949 (No.98) outline the right to join
piece rate workers tend to be an unstable
further action to rectify rights abuses faced by supplier factories in Phnom Penh, Roo Hsing and a trade union and the right to organize.
workforce as their extremely high targets rapidly
workers in the mill (Gustafsson 2014). Yi Da, when they attempt to register their union
wear them out physically, resulting in exceedingly
in a factory, their applications are rejected by the The Freedom of Association and Protection of
high turnover.
Ministry of Labour and Vocational Training for the Right to Organize Convention, 1948 (No. 87)
2. Denial of freedom of association and minor grammatical mistakes or spelling errors. calls upon states to prevent discrimination against
In another H&M supplier factory in Gurugram
88 89
trade unions; protect employers’ and workers’ 4. Lack of independent monitoring People’s Tribunal on Living Wage as a fundamental
organizations against mutual interference; and Women workers in a Gap supplier factory in right of Sri Lankan garment workers, held from
undertake measures to promote collective Cakung, North Jakarta also described factory Workers and labour rights activists have voiced March 17-28, 2011 in Colombo; Cambodian
bargaining. The Right to Organize and Collective grievance processes as ineffective: concerns about factory monitoring methods, garment workers, held from February 5-8, 2012 in
Bargaining Convention, 1949 (No. 98), protects coverage and transparency. For instance, Human Phnom Penh, Cambodia; Indian garment workers,
workers who are exercising the right to organize; If we have a complaint, we are told that the Rights Watch revealed that in Cambodia, workers held from November 22-25, 2012 in Bangalore;
upholds the principle of non-interference company provides a suggestion box. We don’t reported being coached by factory management and Indonesian garment workers, held from June
between workers’ and employers’ organizations; know if they read the suggestion, but we know and being unable to engage with brand 21-24, 2014 in Jakarta. H&M declined invitations
and promotes voluntary collective bargaining. the problems are still there. representatives, external monitors, government to engage with workers at each of these tribunals,
Freedom of association and collective bargaining officials or ILO Better Factory Cambodia (BFC) despite being notified of persistent rights
are integral to the protection of other labour Women workers in H&M supplier factories in India monitors. As one worker reported to Human violations in their supplier factories (Butler 2012;
rights. reported that not only are grievance procedures Rights Watch: Barria 2014).
ineffective, but use of grievance mechanisms can
Absent freedom of association, workers who face also lead to retaliation: Before ILO comes to check, the factory The experiences of gender based violence in H&M
retaliation for bringing grievances have little if arranges everything. They reduce the quota garment supply chains documented in this report
any recourse. None of the factories Gap supplier If workers raise their voices against any for us so there are fewer pieces on our desks. are not isolated incidents. Rather, they reflect
factories investigated by Asia Floor Wage Alliance form of injustice or their rights, they are ILO came in the aternoon and we all found out a convergence of risk factors for gender based
had a mechanism for settling disputes and none humiliated and immediately fired. Three in the morning they were coming. They told us violence in H&M supplier factories that leave
of the workers interviewed could recall any strike months ago, we complained to Priya-madame, to take all the materials and hide it in the stock women garment workers systematically exposed
or collective action that had taken place in the the Welfare Lady, about one supervisor- room. We are told not to tell them the factory to violence.
factory where they work. in-charge. He abused us. He used very bad makes us do overime work for so long. They
words with women workers. We reported also tell us that is [we] say anything we will As the only global tripartite institution, the ILO has
that he was targeting women workers with a unique role to play in not only advancing decent
3. Ineffective grievance procedures good reputations in the factory for working
lose business.
work in supply chains, but also ensuring that
hard and working well. We gave one woman’s Workers in Cambodia called for mechanisms to supply chain governance addresses risk factors for
All respondents, including women workers from
name as an example. Priya-madame called a report violations of rights at work to BFC monitors gender based violence, and provides accessible
Bangladesh, Cambodia, and Indonesia, stated that
meeting with the manager, floor-in-charge, of site without fear of surveillance or retaliation avenues for relief.
there were no good ways for them to report cases
and the supervisor-in-charge. When the by management. Confirming this narrative, BFC
of violence in their workplace. Even where there
meeting ended and Priya-madame left, the experts reported to Human Rights Watch that The recommendations that follow seek to inform
may be formal mechanisms in place, workers
woman worker we named was called and their monitors were aware of factories coaching emerging understanding of violence in the world
described these as ineffective.
scolded by the floor in-charge and manager workers and that they attempted to mitigate the of work, identify specific risk factors for violence
for complaining. She was asked to leave the impact of coaching as much as possible. Labour in garment global production networks, and
For instance, Bangladeshi women workers
job that very day, even though she had not rights activists reported that the efficacy of BFC is ensure a duty among multi-national corporations
employed in a Gap supplier in Dhaka described
even been the one to complain against the further undermined because factory inspection (MNCs) and their suppliers to obey national laws
the complaint box in their factory as useless. One
supervisor in-charge. reports are made available to managers and and respect international standards pertaining
woman explained:
brands but not to workers or unions without prior to realization of ILO fundamental principles and
None of the factories surveyed had a mechanism factory authorization (Kashyap 2015). rights at work
The factory has a complaint box and an
for settling disputes and none of the workers
appointed “Welfare Madame” to resolve
interviewed could recall any strike or collective
complaints from women workers. The Welfare H&M refuses to involve trade unions in
action that had taken place in the factory where
Madams work for the Managers. They don’t
they work.
independent monitoring.
take our complaints seriously. The complaint
box is useless. H&M was invited to engage with workers at the
92 93
RECOMMENDATIONS
1. Adopt an expansive definition of “worker” 1.5. As presented in the Proposed Conclusions 2.2. Identify (1) garment and other global 2.3.8.1. complaint and investigation
and “workplace” to ensure that all workers, of Report V(2), “victims and perpetrators of production networks and (2) migration corridors mechanisms at the workplace level;
workplaces, and forms of work are included in violence and harassment in the work of work as sectors and sites in which workers, including 2.3.8.2. dispute resolution
standards addressing workplace violence and can be employers, workers and third parties, women and migrant workers, are more exposed mechanisms external to the workplace;
harassment. including clients, customers, service providers, to violence and harassment. Take corresponding
2.3.8.3. access to courts or tribunals;
1.1. As presented in the Proposed Conclusions users, patients, and the public.” measures to ensure these workers are
effectively protected. 2.3.8.4. protection against
of Report V(2) on Ending violence and 1.6. The proposed definition of “victims and
victimization of complainants,
harassment in the work of work, the term perpetrators” should be expanded to include 2.3. Acknowledge particular risk factors for
witnesses, and whistle-blowers; and
“worker” should cover persons in the formal the following roles: violence in global production networks and take
and informal economy, including “(i) persons in the followings measures to control these risks: 2.3.8.5. legal, social, and
1.6.1. Multi-national corporations and
any employment or occupation, irrespective of administrative support measures for
brands, suppliers, and labor contractors in 2.3.1. Address cultures of impunity for
their contractual status; (ii) persons in training, complainants.
production, agricultural, food processing, violence in the workplace by prohibiting
including interns and apprentices; (iii) laid-off and other relevant contexts. workplace retaliation, and safeguarding 2.3.9. Provide workers with information
and suspended workers; (iv) volunteers; and (v) fundamental rights to freedom of and training on the identified hazards
1.6.2. Private employment agencies as
jobseekers and job applicants.” association and collective bargaining. and risks of violence and harassment and
defined under Article 1 of the ILO Private
1.2. The proposed definition of worker should the associated prevention and protection
Employment Agencies Convention, 2.3.2. Extend labour protections to
explicitly include all migrant workers, regardless measures.
1997 (No. 181), including any enterprise workers employed in situations that are not
of their legal status in the place of employment. or person, independent of the public protected by labour law and other social 2.4. Recognize and address discrimination
1.3. As presented in the Proposed Conclusions authorities, which provides one or more protection frameworks. against women that intersects with other axes
of Report V(2), standards on violence and of the following labour market services: of discrimination, including low economic
2.3.3. Prohibit unrealistic production
harassment in the world of work should cover (a) services for matching offers of and resources, migrant status, race, ethnicity, caste,
demands and piece-rate targets that
situations, including “(a) in the workplace, applications for employment; (b) services tribe, religion, and disability.
accelerate production rates, extend
including public and private spaces where they for employing workers with a view to working hours, create high stress working
are a place of work; (b) in places where the making them available to a third party (“user environments, and foster abuse. 3. Draw upon and strengthen definitions
worker is paid or takes a rest break or a meal; enterprise”); (c) other services relating and prohibitions addressing violence against
2.3.4. Address concentration of women and
(c) when commuting to and from work; (d) to job seeking, such as the provision of women by the Committee on the Elimination
migrant workers in low wage, contingent
during work-related trips or travel, training, information, that do not aim to match of Discrimination against Women (CEDAW)
work, especially in the lower tiers of the
events or social activities; and (e) through work- specific employment offers and applications. by applying these standards to gender based
supply chain.
related communications enabled by information violence in the world of work.
and communication technologies.” 2.3.5. Increase numbers of women in
2. Address risk factors for violence, including risk 3.1. The International Labour Conference
supervisory and managerial positions
1.4. The proposed situations should be factors associated with the nature and setting of should adopt standards on violence and
expanded to include the following situations: work and the structure of the labour market. 2.3.6. Call for and implement living wage harassment in the world of work. These
standards. standards should take the form of a Convention
1.4.1. employer-provided housing; 2.1. Address risk factors for violence rooted in
the structure of the labour market. Consistent 2.3.7. Protect the rights of home-based supplemented by a Recommendation.
1.4.2. recruitment sites, including day-labor
with the Report of the Committee of Experts workers. 3.2. Consistent with General Recommendation
recruitment sites;
convened by the ILO in October 2016, recognize 2.3.8. Require multi-national corporations, No. 19 on violence against women, adopted
1.4.3. home-based work; and gender based violence as a social rather than employers, contractors, and states to by the Committee on the Elimination of
1.4.4. export processing zones linked an individual problem, requiring comprehensive maintain effective remedies and safe, fair Discrimination against Women (CEDAW),
to global supply chains, including those responses that extend beyond specific events, and effective dispute resolution mechanisms ILO standards should include and address (1)
characterized by exemptions from labour individual perpetrators, and victims/survivors in cases of violence and harassment, “violence which is directed against a woman
laws, taxes, and restrictions on union (No. 35, para. 9). including: because she is a woman;” and (2) violence that
activities and collective bargaining.
94 95
“affects women disproportionately” (article 4.1.2.3. Require transparent and 6. Consistent with the Roadmap of the ILO 6.1.6. Research design and planning should
1). For instance, as documented in this study, traceable product and production programme of action 2017-21 arising out of the be sensitive to the barriers women face in
women workers at the base of garment global information. work of the 105th Session (2016) of the ILO on discussing and reporting violence, including
production networks are disproportionately 4.1.2.4. Address the special decent work in global supply chains, knowledge workplace retaliation, social stigma,
impacted by gendered patterns of employment vulnerability of women and migrant generation and dissemination research to inform and trauma associated with recounting
that concentrate women in low-wage, workers on GVCs. ILO global supply chain programming should situations of violence. Due to these factors,
contingent employment. include gender based violence and risk factors for quantitative approaches to documenting
4.1.2.5. Limit the use of temporary,
3.3. Consistent with General Recommendation gender based violence. gender based violence risk underreporting
outsourced, self-employed, or
No. 19, the definition of violence should include 6.1. Research the spectrum of gender based and may not produce insight into the range
other forms of contract labor that
acts that inflict physical harm, mental harm, violence impacting women workers in garment of violence women face, associated risk
sidestep employer liability for worker
sexual harm or suffering, threats of any of and other supply chains: factors, and barriers to reporting.
protection.
these acts, coercion, and deprivations of liberty 6.1.1. Since women represent the greatest 6.2. Research adverse impacts of purchasing
5. Pursue a Recommendation on human rights
(article 6). majority of garment workers, the situation practices upon:
due diligence that takes into account and builds
upon existing due diligence provisions that of women should be urgently included 6.2.1. Core labour standards for all
4. Ensure a duty among MNCs and their are evolving under the United Nations Guiding in monitoring programmes to assess categories of workers across value chains.
suppliers to obey national laws and respect Principles on Business and Human Rights and the spectrum of their clinical, social and 6.2.2. Wages and benefits for all categories
international standards pertaining to realization the 2011 OECD Guidelines for Multinational personal risks. of value chain workers. This research should
of ILO fundamental principles and rights at work. Enterprises. 6.1.2. Research should include physical aim to satisfy basic needs of workers and
4.1. Noting the limits to jurisdiction under 5.1. Take the following complementary harm, mental harm, sexual harm or their families.
national legal regimes, the ILO should move measures to protect workers employed in global suffering, threats of any of these acts, 6.2.3. Access to fundamental rights to food,
towards a binding legal convention regulating value chains: coercion, and deprivations of liberty. housing, and education for all categories of
global supply chains. 6.1.3. Research should document (1) value chain workers and their families.
5.1.1. Recognize the right to living wage
4.1.1. Standards under this convention as a human right and establish living wage violence which is directed against a woman 6.3. Research the range of global actors
must be at least as effective and criteria and mechanisms. because she is a woman; and (2) violence that may have leverage over GVCs including
comprehensive as the UN Guiding Principle that affects women disproportionately due investors, hedge funds, pension funds and GVC
5.1.2. Promote sector-based and
on Business and Human Rights and existing to gendered patterns of employment that networks that define industry standards such as
transnational collective bargaining and urge
OECD mechanisms, including the 2011 OECD concentrate women in low-wage, contingent Free on Board (FOB) prices.
countries to remove national legal barriers
Guidelines for Multinational Enterprises. employment.
to these forms of collective action. 6.3.1. This line of research should include
4.1.2. The Convention should include the 6.1.4. Research should consider not only investigation of the mechanisms deployed
5.1.3. Expand work towards the elimination
following components, among others: the workplace, but also related situations by authoritative actors within GVCs that
of forced labour, including promoting
4.1.2.1. Impose liability, sustainable including training, recruitment and contribute to violations of fundamental
ratification and implementation of the
contracting, capitalization and/or other placement, commutes to and from work, principles and rights at work, including
Forced Labour Convention, 1930 (No. 29),
requirements on lead firms. and housing contexts where employers but not limited to attacks on freedom of
Protocol to the Forced Labour Convention exhibit significant control over the daily lives association, collective bargaining, forced
4.1.2.2. Establish regional and supply 1930 and accompanying Recommendation, of workers.
chain specific inspection mechanisms 2014. overtime, wage theft and forced labour.
with monitoring and enforcement 6.1.5. Require an urgent, epidemiological 6.4. Research into the types of technical advice
5.1.4. Continue programs to ensure social
powers, including individual complaint study into deaths and disabilities resulting needed by OECD government participants taking
protection, fair wages, and health and safety
mechanisms and field investigation from conditions of work and life of garment a multi-stakeholder approach to address risks of
at every level of GVCs.
authority. workers. This information should be made adverse impacts associated with products.
available publicly and to international
agencies.
96 97
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